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Office of the City Manager
CONSENT CALENDAR
December 13, 2005
To: Honorable Mayor and
Members of the City Council
From: Phil Kamlarz, City Manager
Submitted By: Claudette Ford, Acting Public Works Director
Stephen Barton, Director of Housing
Subject: License Agreements: Veterans Memorial Building
RECOMMENDATION
Adopt seven Resolutions authorizing the City Manager to execute license agreements and any
amendments thereto with the following organizations that provide services at the Veterans
Memorial Building at 1931 Center Street: 1) Berkeley Food and Housing Project; 2) Berkeley
Historical Society; 3) Berkeley Place; 4) Building Opportunities for Self-Sufficiency; 5)
Disabled American Veterans, Chapter 25; 6) Dorothy Day House; and 7) Options Recovery
Services.
FISCAL IMPACTS OF RECOMMENDATION
A license fee is required to for each license agreement and staff proposes the collection of a
nominal license fee upon execution of the agreement. While the proposed amount per agreement
is minimal, it will help defray some administrative costs. A total of $601 in annual license fees
is proposed, inclusive of all occupant groups.
The building’s annual overhead is projected to cost $127,000, which includes all utilities,
building maintenance, janitorial service and supplies, and refuse collection (see breakdown
below). There is an approved, partial utilities set-aside of $15,151 from the General Fund for the
Daytime Drop-In Center, Homeless Shelter, and Options Recovery for FY 2006 and 2007. The
following summary shows how the proposed license fees and the $15,151 set-aside is allocated
toward the Veterans Memorial Building utilities costs, with the remainder referred to the mid-
year budget process:
Annual Existing Total Mid-Year
Projected Costs Allocation Budget Need
All Utilities $ 78,540 $15,151 $ 63,389
Refuse Service $ 22,485 $ 22,485
Maintenance $ 18,000 $ 18,000
Janitorial Supplies $ 8,000 _______ $ 8,000
Totals $127,025 $15,151 $111,874
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099
E-Mail: manager@ci.berkeley.ca.us Website: http://www.ci.berkeley.ca.us/manager
C:\Program Files\Optika\Acorde\CheckOuts\12-13-2005 license agreements - veterans memorial building.doc
Veterans Memorial Building – License Agreements CONSENT CALENDAR
December 13, 2005
CURRENT SITUATION AND ITS EFFECTS
License agreements are needed between the City and each non-profit group to continue
occupancy of the building. All prior authorizations to use the building have expired.
BACKGROUND
The seven groups providing services from the Veterans Memorial Building include: 1) Berkeley
Food and Shelter Project; 2) Berkeley Historical Society; 3) Berkeley Place; 4) Building
Opportunities for Self-Sufficiency; 5) Disabled American Veterans, Chapter 25; 6) Dorothy Day
House; and 7) Options Recovery Services. With the exception of the Disabled American
Veterans group, the tenure of most groups started in the early to mid 1990’s and in all cases, the
original permissions to occupy the building have expired.
The proposed license agreements are written with terms on a month-to-month basis, which gives
the City the ability to terminate the agreements with 30-days notice. The building may be a
potential hazard in a seismic event and the City may wish to vacate, at some future date, all
licensees at the same time should structural renovations or other changes to its use be scheduled.
Because the hazard posed by the building could be significant, current indemnification
agreements and insurance policies naming the City of Berkeley as an additional insured are
needed. In addition to insurance and indemnification, the City may use the license agreement to
organize and compel occupants to participate in other building related matters such as recycling,
janitorial, maintenance, and specific security measures.
All of the non-profit groups in the Veterans Memorial Building provide important services to the
community and are an invaluable resource to Berkeley. The services are free or low-cost to the
user, and as such, generate very little regular income. The limited proceeds that are collected are
reinvested into service delivery. Taking into account the restricted revenue of each group, staff
proposes the following nominal license fees for each group:
Total Annual
OCCUPANTS: Fee/Occupant
1) Berkeley Food and Housing Project $ 100
2) Berkeley Historical Society $ 100
3) Berkeley Place $ 100
4) BOSS $ 100
5) Disabled American Veterans $ 1
6) Dorothy Day $ 100
7) Options Recovery Services $ 100
$ 601
On September 27, 2005, Council took an action asking the City Manager to recommend a
continuation of free use by the Disabled American Veterans (DAV). While this is desirable, the
City is required to collect a fee when entering into a license agreement.
Page 2
Veterans Memorial Building – License Agreements CONSENT CALENDAR
December 13, 2005
RATIONALE FOR RECOMMENDATION
Authorizes a Council approved license agreement with each group that regulates terms of use,
fee collection, insurance, indemnification, and other standard City contract requirements.
ALTERNATIVE ACTIONS CONSIDERED
City staff had considered assessing a higher license fee amount to reflect the percentage of the
actual utilities consumption by each licensee and to encourage energy conservation practices.
Staff recognized, however, that charging higher fees was untenable for the non-profits. To
encourage energy conservation, staff is developing a plan for the occupant groups that in the
future could result in a sharing of energy savings from successful conservation efforts.
CONTACT PERSONS
Grace Maguire, City Manager’s Office, 981-7000
Hallie Llamas, Property Manager, Public Works, 981-6334
Attachments:
1: Resolution: Berkeley Food and Shelter Project
Exhibit A: License Agreement
2: Resolution: Berkeley Historical Society
Exhibit A: License Agreement
3: Resolution: Berkeley Place
Exhibit A: License Agreement
4: Resolution: Building Opportunities for Self-Sufficiency
Exhibit A: License Agreement
5: Resolution: Disabled American Veterans, Chapter 25
Exhibit A: License Agreement
6: Resolution: Dorothy Day House
Exhibit A: License Agreement
7: Resolution: Options Recovery Services
Exhibit A: License Agreement
Page 3
Attachment 1
RESOLUTION NO. –N.S.
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT
AND ANY AMENDMENTS WITH THE BERKELEY FOOD AND HOUSING
PROJECT LOCATED AT 1931 CENTER STREET FOR THE OPERATION OF THE
MEN’S OVERNIGHT ASSISTANCE CENTER
WHEREAS, the Berkeley Food and Housing Project’s Men’s Overnight Assistance
Center was created to respond to the declaration of a shelter emergency by the City
Council; and
WHEREAS, the Berkeley Food and Housing Project has been providing services at 1931
Center Street since 1991; and
WHEREAS, the Berkeley Food and Housing Project provides valuable and needed
services to the community; and
WHEREAS, the Berkeley Food and Housing Project requires a location to continue to
provide its services to the public.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the
City manager is authorized to execute a license agreement and any amendments with the
Berkeley Food and Housing Project in a form that is substantially similar to that attached
to this resolution.
Attachment 1 – Exhibit A
LICENSE AGREEMENT
This AGREEMENT is entered into on _____________ by and between the CITY OF
BERKELEY, a Charter City organized and existing under the laws of the State of
California (“City”) and BERKELEY FOOD AND HOUSING PROJECT (“Licensee”), a
_________________, who agree as follows.
1. LICENSE
a. Subject to all the terms and conditions herein, City hereby grants Licensee use of that portion of
the City’s property at 1931 Center Street in Berkeley, County of Alameda, State of California (“the
Property”) shown on Exhibit A, attached hereto and made a part hereof. This License is not a lease;
Licensee does not by this License obtain an exclusive right, against the City or the public, to any part of the
Property.
b. This License is granted for the purpose of ___________________________________.
2. TERM
This License shall take effect once executed by Licensee and approved by the Berkeley City Council (the
“effective date”). It shall remain in effect on a month-to-month basis, starting with the effective date,
subject to the following:
Either party may terminate this License for any reason within thirty (30) days prior written notice
to the other party. Either party may terminate this License for default upon fifteen (15) days’ written notice
to the other if the other party has substantially failed to fulfill any of its obligations under this License in a
timely manner.
3. LICENSE FEE
a. In consideration for the rights conveyed by this License, Licensee shall pay the City $100.00 per
year, which shall be due and payable on upon execution of this agreement, as specified in Exhibit B.
4. NOTICES
A written notice shall be deemed served upon mailing said notice to the other party and depositing the same
with the U.S. Post Office, first class mail, with postage paid.
For purposes of this License, all notices to the City shall be addressed to:
Hallie Llamas, Real Property Manager
Public Works Department
1947 Center Street, 4th Flr.
Berkeley, CA 94704
For purposes of this License, all notices to Licensee shall be addressed to:
____________________________
____________________________
____________________________
5. GENERAL - OCCUPANCY RULES AND REGULATIONS
a. City may waive any one or more of the occupancy rules or regulations contained in this agreement
for the benefit of any particular licensee or licensees, but no waiver by City will be construed as a waiver of
those rules and regulations in favor of any other licensee, nor prevent City from enforcing any of those
rules and regulations against any or all of the licensees of 1931 Center Street. Any waiver of rules and
regulations by City shall be in writing.
b. City reserves the right at any time to change or rescind any one or more of the rules and
regulations or to make any additional reasonable rules and regulations that, in City’s judgment, may be
necessary for:
i) management, safety, care, and cleanliness of the premises, building and real property;
ii) preservation of good order; and
iii) convenience of other occupants and licensees in the premises, building and real property.
6. HEALTH, SAFETY AND ACCESSIBILITY (applicable to licensees described below)
Berkeley Opportunities for Self-Sufficiency (BOSS)/Multi-Agency Service Center (MASC),
Berkeley Food Housing Project (BFHP) and Dorothy Day Housing (DDH) shall make all reasonable efforts
to comply with the Alameda County-wide Homeless Continuum of Care Health, Safety and Accessibility
Standards for Shelter Facilities in Alameda County.
7. MAINTENANCE AND ALTERATIONS
a. Licensee shall maintain the Property used pursuant to this License in good order and repair and
reasonably free and clean of all debris, trash and rubble. Upon termination of this License, Licensee shall,
at its own cost, remove any equipment or materials installed by Licensee and shall surrender the Property to
City in the same condition as at the commencement of this License with the exception of reasonable wear
and tear. Licensee shall reimburse the City for any expenses incurred by the City for any damage to the
Property resulting from this License.
b. Licensee shall not construct or place any facilities on the Property, or install any equipment on the
Property, or make any alterations or improvements to the Property, without the City’s prior written consent.
c. Licensee shall be responsible for any and all janitorial services required on the premises. The City
shall provide janitorial services for the common areas.
d. Licensee shall be responsible for the payment of all utilities, including water, gas, electricity,
trash collection/maintenance and other services delivered to the premises. In the case of electricity, gas,
water and sewer utilities and building maintenance, these services will be provided by the City and
Licensee shall pay the City a fee as provided in Section 3 above. Licensee shall be directly responsible for
paying fees for other services.
e. No sign, placard, picture, name, advertisement, or notice visible from the exterior of the
premises will be inscribed, painted, affixed, or otherwise displayed by licensee on any part of 1931 Center
Street without the prior written consent of the City. Material visible outside the building will not be
permitted.
f. Licensee shall assume all responsibility for protecting the premises from theft, robbery,
pilferage, vandalism, damage, or waste, including keeping doors locked and other means of entry to the
premises closed and turning off all water faucets, water apparatus, and utilities.
g. Licensee shall conduct business in a manner that will not cause damage to the building or property
including but not limited to (i.e., not overloading the circuits, inappropriate use of extension cords,
exceeding maximum weight on stage and any other floor area, etc.)
8. SECURITY
a. Pursuant to BMC Section 13.36.065, Licensee shall comply with security rules for City buildings.
The City Manager’s building security rules are designed to maintain the safety of City employees and
patrons, facilitate the City’s ability to do government business and provide services, and prevent damage to
City facilities. (See Attachment 1.)
b. Access keys to licensee’s space shall be provided by Public Works Maintenance only and
no keys shall be duplicated without consent of the City of Berkeley Public Works Maintenance Division.
Licensee may not change any locks. The City will have access to all space in the building in the event of
an emergency.
c. Courtyard: BOSS/MASC, Options Recovery Services and BFHP will share responsibility for
responding appropriately when unsafe behavior by clients on the premises threatens the safety of the
building or the general public. BFHP staff will perform this role in the courtyard from 5 p.m. to 7 a.m.
nightly. BFHP staff will ensure courtyard gate is locked nightly at 7 p.m. BOSS/MASC staff will patrol the
courtyard jointly with Options Recovery Services from 8 a.m. to 4 p.m. Staff shall patrol the courtyard
jointly on a regular basis and keep a log of activity. Options Recovery Services will patrol the courtyard
from 4 p.m. to 5 p.m. daily.
Courtyard Schedule:
7 p.m. – Lock Gate – Berkeley Food and Housing Project
5 p.m. to 7 a.m. – Berkeley Food and Housing Project
8 a.m. to 4 p.m. – Joint Patrol MASC/Options
4 p.m. to 5 p.m. – Options Recovery Services
d. Holiday Coverage: When MASC is closed for holidays and when Options Recovery Services is
open, Options staff will be responsible for the courtyard, front steps, and parking lot security.
e. Front Steps: BOSS/MASC and Options staff will ensure security of the front steps jointly daily
and keep an activity log. BFHP staff will be responsible for front steps at night from inside the building.
9. JANITORIAL TO BE PROVIDED BY LICENSEES
a. Bathrooms:
i. BOSS/MASC will stock basement bathrooms in the morning, and clean them at closing
time each day.
ii. BFHP will stock basement bathrooms in the evening and clean in the mornings.
iii. BOSS/MASC/BFHP will organize and jointly pay for a deep cleaning service of the men’s
bathroom on a regular basis at least twelve times per year.
iv. Options will clean the front hallway and first floor restrooms for both men and women on a
daily basis.
b. Courtyard:
i. BOSS/MASC will clean courtyard in the late afternoon daily.
ii. BFHP will clean courtyard in the morning daily. .
c. Other:
BFHP and BOSS/MASC will share the cost and organize jointly waxing all floors and
cleaning all carpeting on an annual basis.
10. USE OF KITCHEN FACILITY
a. Use of the kitchen will be shared between BOSS/MASC, BFHP, and Dorothy Day House
(DDH) and all three agencies will have keys to the kitchen. Hours of use are as follows: Dorothy Day
House: Monday through Sunday: 5 a.m. to 11 a.m. and 5:30 p.m. to 8:00 p.m. Any DDH volunteers must
be under supervision by a team leader.
b. A list of authorized personnel from DDH will be submitted to BOSS/MASC and BFHP. DDH
team leaders will have access to the kitchen from 11 a.m. until 5:30 p.m. in order to clean and receive
deliveries; all DDH personnel will check in with BOSS/MASC and BFHP staff prior to using the kitchen
during this period.
i. BOSS/MASC: Staff shall use kitchen as needed under the supervision of the Program
Manager.
ii. BFHP: Staff shall use kitchen as needed under the supervision of the Program Manager.
11. NO SMOKING
a. Pursuant to Berkeley Municipal Code (BMC) Ch. 12.70, no smoking is allowed in public places.
This includes, but is not limited to within 20 feet of any entrance, exit or air intake vent to 1931 Center
Street, except while passing on the way to another destination.
b. No smoking is allowed in the parking lot or courtyard at 1931 Center Street.
12. ENVIRONMENTAL
a. Licensee shall follow all environmental rules and regulations as they apply to City agencies.
Specifically, licensee shall minimize waste and recycle and compost, as per Recycling and Composting
Guidelines for City Buildings. Guidelines for creating a recycling program are attached as Attachment 2.
Licensee must participate in a recycling service provided by the City or provide an acceptable alternative
with the approval of the City’s Recycling Supervisor. To that end, Licensee shall:
Assign someone to be in charge of its recycling program, and to communicate needs and
questions to the City’s Solid Waste Management Division.
i. Recycle corrugated cardboard, office papers and beverage containers (glass
bottles, plastic bottles and cans).
ii. Place collection containers for paper at desk sides and copy rooms, and break
rooms. (See Attachment 2 for details.)
iii. Provide a location for custodians to pick up flattened empty cardboard boxes. A
central paper container is acceptable.
iv. Educate employees and new employees about recycling procedures.
v. Cooperate with the custodial service to make recyclables available for
collection.
vi. Recycle batteries and office equipment (contact the City’s Solid Waste
Management Division for information about vendors).
vii. Cafeterias and commercial kitchens may participate in the City’s organics
recycling program, with the approval of the City’s Solid Waste Supervisor. City
provides containers and training.
viii. Licensee shall recycle construction waste from tenant improvements.
ix. Licensee shall conserve energy as specified in the City Manager’s January 11,
2001 memorandum as shown in Attachment 3.
13. ACCESS TO PROPERTY; TAXES, ASSESSMENTS, AND OTHER CHARGES
a. City, including its agents and employees, reserves the right to enter the Property and make any
improvements thereon at reasonable times, provided such entry does not cause unreasonable interference
with Licensee’s activities.
b. Licensee shall pay all personal property taxes levied on account of personal property owned by
Licensee on the Property, and pay any in-lieu, possessory interest, or use taxes imposed by reason of
Licensee’s use or occupancy of the Property.
14. ASSIGNMENT AND SUBLICENSING PROHIBITED
This License is personal to Licensee. Notwithstanding references to assignees and/or sublicensees
elsewhere in this License, if any, Licensee may not assign or sublicense this License in whole or in part
without the prior written consent of the City, and any attempt to assign or sublicense this License shall
terminate it.
15. INDEMNIFICATION
a. Licensee shall indemnify, defend and hold City, its officers, agents, volunteers and employees
harmless from: 1) all claims of liability for any damage to property or injury or death to any person
occurring in, on, or about the Property; 2) all claims of liability arising out of or in any way connected with
Licensee’s operations under this License, or any act or omission by Licensee, its officers, partners,
directors, employees, agents, contractors, subcontractors or invitees; and 3) all damages, liability, fines,
penalties, and any other consequences arising from any noncompliance or violation of any laws,
ordinances, codes, or regulations, including but not limited to the Occupational Safety and Health Act of
1979 and the Americans with Disabilities Act of 1990. Except, however, that City shall hold Licensee
harmless from all claims of liability for damage resulting from the negligent or wrongful acts or omissions
of City or its authorized representatives.
b. Neither Licensee nor its assignees, heirs, guardians, and legal representatives shall make a claim
against or sue City or its employees, agents or contractors for injury or damage resulting from the
negligence, whether active or passive, or other acts, however caused, by any employee, agent, or contractor
of the City as a result of Licensee’s presence on the Property. Licensee hereby acknowledges that the
Property specifically and 1931 Center Street generally requires certain structural or code upgrades and
accepts the condition of the premises “as is.”
c. LICENSEE ACKNOWLEDGES THAT 1931 CENTER STREET HAS BEEN DEEMED TO
BE UNSAFE AND SUBJECT TO SEVERE DAMAGE DURING ANY MAJOR EARTHQUAKE.
LICENSEE OCCUPIES THE BUILDING AT ITS OWN RISK. LICENSEE HEREBY RELEASES
AND DISCHARGES THE CITY OF BERKELEY AND ITS EMPLOYEES, AGENTS,
CONTRACTORS FROM ALL ACTIONS, CLAIMS OR DEMANDS THAT LICENSEE, ITS HEIRS,
GUARDIANS, AND LEGAL RPERESENTATIVES NOW HAVE OR MAY HAVE IN THE
FUTURE FOR INJURY OR DAMAGE RESULTING FROM AN EARTHQUAKE.
16. INSURANCE
a. Licensee at its cost shall maintain commercial general liability and property damage insurance
with a single combined liability limit of $2,000,000.00 per occurrence insuring against all liability of
Licensee and its authorized representatives arising out of and in connection with Licensee’s use or
occupancy of the Property. All such insurance shall insure performance by Licensee of the preceding
indemnity provisions. All insurance shall name the City, its officers, agents, volunteers and employees
as additional insureds and shall provide primary coverage with respect to the City.
b. If the insurance referred to above is written on a Claims Made Form, then following
termination of this License, coverage shall survive for a period of not less than five years. Coverage
shall also provide for a retroactive date of placement coinciding with the effective date of this License.
c. Licensee at its cost shall maintain on all its personal property, Licensee’s improvements, and
alterations, in, on, or about the Property, a policy of standard fire and extended coverage insurance, with
vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the
proceeds from any such policy shall be used by Licensee for the replacement of personal property or the
restoration of Licensee’s improvements or alterations.
d. If Licensee employs any person, it shall carry workers’ compensation and employer’s liability
insurance and shall provide a certificate of insurance to the City. The workers’ compensation insurance
shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and
conditions of said insurance except upon thirty (30) days prior written notice to the City; provide for a
waiver of any right of subrogation against City to the extent permitted by law; and be approved as to
form and sufficiency by the City’s Risk Manager.
e. Licensee shall forward all insurance documents to Hallie Llamas, Real
Property Manager, 1947 Center Street, 4th Flr., Berkeley, California, 94704.
17. CONFORMITY WITH LAW
a. Licensee shall observe and comply with all applicable laws. Licensee shall release, defend,
indemnify and hold harmless City, its officers, agents, volunteers and employees from any and all
damages, liability, fines, penalties and consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
b. If a death, serious personal injury or substantial property damage occurs in connection with
the performance of this License, Licensee shall immediately notify the City’s Risk Manager by
telephone. If any accident occurs in connection with this License, Licensee shall promptly submit a
written report to City, in such form as the City may require. This report shall include the following
information: 1) name and address of the injured or deceased person(s); 2) name and address of
Licensee’s sub licensee, if any; 3) name and address of Licensee’s liability insurance carrier; and 4) a
detailed description of the accident, including whether any of City’s equipment, tools or materials were
involved.
c. If a release of hazardous materials or hazardous waste occurs in connection with the
performance of this License, Licensee shall immediately notify the Berkeley Police Department and the
City’s Emergency and Toxics Management office.
d. Licensee shall not store hazardous materials or hazardous waste within the City of Berkeley
without a proper permit from the City.
18. INDEPENDENT CAPACITY
For purposes of this License, and for the duration of this License, Licensee, including its agents and
employees, shall be, and is, an independent contractor and not an agent or employee of the City.
Licensee has and shall retain the right to exercise full control and supervision of the services, and full
control over the employment, direction, compensation and discharge of all persons assisting Licensee in
the performance of this License. Licensee shall be solely responsible for all matters relating to the
payment of its employees, including compliance with Social Security, withholding, and all other
regulations governing such matters, and shall be solely responsible for its own acts and those of its
agents and employees.
19. CITY NON-DISCRIMINATION ORDINANCE
Licensee hereby agrees to comply with the provisions of Berkeley Municipal Code (“BMC”) Chapter
13.26 as amended from time to time. In the performance of this License, Licensee agrees as follows:
a. Licensee shall not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability,
sexual orientation or AIDS.
b. Licensee shall permit the City access to records of employment, employment advertisements,
application forms, EEO-1 forms, affirmative action plans and any other documents which, in the
opinion of the City, are necessary to monitor compliance with this non-discrimination provision. In
addition, Licensee shall fill out, in a timely fashion, forms supplied by the City to monitor this non-
discrimination provision.
20. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
a. If Licensee provides any aid, service or benefit to others on the City’s behalf, Licensee shall,
in the provision of such aid, service or benefit, observe and comply with all applicable provisions of
Title II of the Americans with Disabilities Act of 1990 and any amendments thereto. Licensee shall
further observe and comply with all applicable federal, state, municipal and local laws, ordinances,
codes and regulations prohibiting discrimination against individuals with disabilities and shall ensure
that individuals with disabilities are not excluded from participating in or receiving benefits, services or
activities of the City.
b. If Licensee is or becomes a "public accommodation" as defined in Title III of the Americans
with Disabilities Act of 1990, Licensee shall observe and comply with all applicable provisions of the
Act and any amendments thereto, and all applicable federal, state, municipal and local laws, ordinances,
codes and regulations prohibiting discrimination on the basis of disability in the full and equal
enjoyment of goods, services, facilities, privileges, advantages, or accommodations offered by the
Licensee. All of Licensee’s activities must be in accordance with these laws, ordinances, codes, and
regulations, and Licensee shall be solely responsible for complying therewith.
21. OPPRESSIVE STATES
a. In accordance with Resolution No. 59,853-N.S., Licensee certifies that it has no contractual
relations with, and agrees during the term of this License to forego contractual relations to provide
personal services to or to purchase, sell, lease or distribute commodities in the conduct of business with,
the following entities:
i) The governing regime in any Oppressive State.
ii) Any business or corporation organized under the authority of the governing
regime of any Oppressive State.
iii) Any individual, firm, partnership, corporation, association, or any other
commercial organization, and including parent-entities and wholly-owned
subsidiaries (to the extent that their operations are related to the purpose of its
contract with the City), for the express purpose of assisting in business
operations or trading with any public or private entity located in any Oppressive
State.
b. For purposes of this License, the Tibet Autonomous Region and the provinces of Ado, Kham,
and U-Tsang shall be deemed oppressive states.
c. Licensee’s failure to comply with this section shall constitute a default of this License and
City may terminate this License pursuant to Section 2. In the event that the City terminates this License
due to a default under this provision, City may deem Licensee a non-responsible bidder for five (5)
years from the date of termination.
22. LIVING WAGE ORDINANCE
a. Licensee agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living
Wage Ordinance. If Licensee employs six (6) or more part-time, full-time or stipend employees, and
generates $350,000 or more in annual gross receipts, Licensee will be required to provide all eligible
employees with City mandated minimum compensation during the term of this License, as defined in
B.M.C. Chapter 13.27, and well as comply with the terms enumerated herein.
b. Licensee shall be required to maintain all reasonable records and documents that would
establish whether Licensee is subject to Berkeley’s Living Wage Ordinance (LWO). If Licensee is
subject to the LWO, as defined therein, Licensee shall be further required to maintain monthly records
of those employees located on the Property. These records shall include the total number of hours
worked, the number of hours spent providing service on the Property, the hourly rate paid, and the
amount paid by Licensee for health benefits, if any, for each of its employees providing services under
the License. The records described in this Section shall be made available upon the City’s request. The
failure to produce these records upon demand shall be considered grounds for termination of this
License in accordance with section 2 of this License.
c. If Licensee is subject to the LWO, Licensee shall include the requirements of the ordinance,
as defined in B.M.C. Chapter 13.27, in any and all sublicense agreements in which Licensee enters with
regard to the Property. Sub licensees shall be required to comply with this ordinance with regard to any
employees who spend 25% or more of their compensated time on the Property.
d. If Licensee fails to comply with the requirements of the LWO and this License, the City shall
have the rights and remedies described in this Section, in addition to any rights and remedies provided
by law or equity.
Licensee’s failure to comply with this Section shall be considered grounds for termination of this
License in accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount
of $50 per employee per day for each and every instance of an underpayment to an employee. It is
mutually understood and agreed that Licensee’s failure to pay any of its eligible employees at least the
applicable living wage rate will result in damages being sustained by the City; that the nature and
amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set
forth herein is the nearest and most exact measure of damage for such breach that can be fixed at this
time; and that the liquidated damage amount is not intended as a penalty of forfeiture for Licensee’s
breach.
23. BERKELEY EQUAL BENEFITS ORDINANCE
a. Licensee hereby agrees to comply with the provisions of the Berkeley Equal Benefits
Ordinance, B.M.C. Chapter 13.29. If Licensee generates $350,000 or more in annual gross receipts,
Licensee will be required to provide all eligible employees with City mandated equal benefits during the
term of this License, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated
herein.
b. If Licensee is currently or becomes subject to the Berkeley Equal Benefits Ordinance,
Licensee agrees to supply the City with any records the City deems necessary to determine compliance
with this provision. Failure to do so shall be considered grounds for termination of this License in
accordance with section 2 of this License.
c. If Licensee fails to comply with the requirements of this Section, City shall have the rights
and remedies described in this Section, in addition to any rights and remedies provided by law or equity.
Licensee’s failure to comply with this Section shall constitute grounds for termination of this License in
accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount
of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually
understood and agreed that Licensee’s failure to provide its employees with equal benefits will result in
damages being sustained by City; that the nature and amount of these damages will be extremely
difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact
measure of damages for such breach that can be fixed at this time; and that the liquidated damage
amount is not intended as a penalty or forfeiture for Licensee’s breach.
24. CONFLICT OF INTEREST PROHIBITED
a. In accordance with Government Code section 1090, Berkeley City Charter section 36, and the
B.M.C. Chapter 3.64, neither Licensee nor any employee, officer, director, partner or member of
Licensee, or immediate family member of any of the preceding, shall have served as an elected officer,
an employee, or a City board, committee or commission member, who has directly or indirectly
influenced the making of this License.
b. In accordance with Government Code section 1090 and the Political Reform Act, Government
Code section 87100 et seq., no person who is a director, officer, partner, trustee, employee or consultant
of the Licensee, or immediate family member of any of the preceding, shall make or participate in a
decision made by the City or a City board, commission or committee, if it is reasonably foreseeable that
the decision will have a material effect on any source of income, investment or interest in real property
of that person or Licensee.
c. Interpretation of this section shall be governed by the definitions and provisions used in the
Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals
and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64.
25. NUCLEAR FREE BERKELEY
Licensee agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act.
26. RECYCLED PAPER FOR WRITTEN REPORTS
If Licensee is required by this License to prepare a written report or study, Licensee shall use recycled
paper for said report or study when such paper is available at a cost of not more than ten percent (10%)
more than the cost of virgin paper, and when such paper is available at the time it is needed. For the
purposes of this License, recycled paper is paper that contains at least fifty percent (50%) recycled
product. If recycled paper is not available, Licensee shall use white paper. Written reports or studies
prepared under this License shall be printed on both sides of the page whenever practical.
27. PESTICIDES; EFFECT ON SUCCESSORS AND ASSIGNS; RISK OF LOSS
a. All use of pesticides on the premises shall be in compliance with the City of Berkeley’s Pesticide
Use Policy as it exists at the time of such use.
b. This License shall be binding on and inure to the benefit of the heirs, executors, administrators,
successors, and assigns of the parties hereto.
c. Licensee bears all risk of loss under this License.
28. AUDIT
The City Auditor’s Office, or its designee, may conduct at any time an audit of Licensee’s financial and
compliance records maintained in connection with the operations and services performed under this
License, and with the payments made under this License. In the event of such audit, Licensee agrees to
make all such financial and compliance records available to the Auditor’s Office, or its designee. City
agrees to provide Licensee an opportunity to discuss and respond to any findings before a final audit
report is filed.
29. SETOFF AGAINST DEBTS
Licensee agrees that City may deduct from any payments due to Licensee under this License any
amounts due to the City, and any monies that Licensee owes City under any ordinance, agreement or
resolution for any unpaid taxes, fees, licenses, unpaid checks or other amounts.
30. GOVERNING LAW; AMENDMENTS
a. The laws of the State of California shall govern this License.
b. The term of this License shall not be altered or otherwise modified except by a written amendment
to this License executed by City and Licensee.
31. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER
Licensee has obtained a City business license as required by B.M.C. Chapter 9.04, and its license
number is written below; or, Licensee is exempt from the provisions of B.M.C. Chapter 9.04 and has
written below the specific B.M.C. section under which it is exempt. Licensee shall pay all state and
federal income taxes and any other taxes due. Licensee certifies under penalty of perjury that the
taxpayer identification number written below is correct.
32. SEVERABILITY; WAIVER
a. If any part of this License or the application thereof is declared invalid for any reason, such
invalidity shall not affect the other terms of this License which can be given effect without the
invalid provision or application, and to this end the provisions of this License are declared to be
severable.
b. Failure of City to insist on strict performance shall not constitute a waiver of any of the provisions
of this License or a waiver of any other default of Licensee.
33. ENTIRE AGREEMENT
a. The terms and conditions of this License, all exhibits attached and any documents expressly
incorporated by reference represent the entire agreement between the parties with respect to the subject
matter of this License. This License shall supersede any and all prior agreements, oral or written,
regarding the subject matter between City and Licensee. No other agreement, statement, or promise
relating to the subject matter of this License shall be valid or binding except by a written amendment to
this License.
b. If any conflicts arise between the terms and conditions of this License and the terms and
conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of
this License shall control.
IN WITNESS WHEREOF, City and Licensee have executed this License as of the date
written on the first paragraph of this License.
CITY OF BERKELEY
By ___________________________
CITY MANAGER
Registered by: Approved as to form:
____________________________
CITY AUDITOR CITY ATTORNEY
Attest:
________________________
CITY CLERK
_________________________________
By: ______________________________
Its: ______________________________
Tax Identification No. .
Berkeley Business License No. ______________
Incorporated: Yes No
Certified Woman Business Enterprise: Yes No
Certified Minority Business Enterprise: Yes No
If yes, state ethnicity: ______________________
Certified Disadvantaged Business Enterprise: Yes No
EXHIBIT A
PROPERTY DESCRIPTION
Berkeley Food and Housing Project Men’s Overnight Assistance Center has use of all
available shared floor space in the basement during the ours of 4 p.m. to 8 a.m. daily, and
has exclusive use of the men’s shclter bays (rooms 023 through 027, inclusive) and of
office and storage space in rooms 011 and 014. BFHP has shared use of the kitchen
(rooms 029 and 030) and the classroom and office (019 and 020). (See map below for
details.)
EXHIBIT B
PAYMENT
1) Payments shall be due and payable upon execution of the agreement and the check made payable
to the “City of Berkeley.” Payments shall be paid at Finance Department Customer Service
Center at 1947 Center Street, 1st Floor, Berkeley, CA 94704
2) Failure to make full payments on time is grounds for termination of this License by the City.
3) The license fee shall be $100.00 per year.
Attachment 1
SECURITY RULES FOR CITY BUILDINGS
Interior Rules/Signage
1. No member of the public may enter an interior area of a City building once a City employee
advises that the area is closed to the public.
2. No member of the public may enter an interior area of a City building that is signed in any manner
that suggests that the public should not enter, unless given permission to enter by a City employee.
Such signs include, but are not limited to: “Reception Area – Please Check In,” “Private,” and
“Employees Only”
3. A member of the public may remain in the lobby, hallways, waiting areas, or similar public areas
inside a City building only as long as necessary to conduct City-related business or contact an
employee. Members of the public may not wait in a City building for a City employee
indefinitely, and may be asked to return at another time when the employee is expected to be in
the office. When signage is not practical: use verbal warnings.
4. Bathrooms in City buildings shall not be used for bathing or washing clothes, unless the bathroom
is equipped for such uses and the person is authorized to use the bathroom for such purposes.
Acceptable Signage, But Only If The Problem Is Recurring: “No Bathing Allowed” or “No
Bathing Or Washing Laundry Allowed”
5. In City buildings, no member of the public may:
a. Yell, threaten, or use profanity or rude, insulting language against City staff, e.g., calling the
City staff member a “bastard” or an “idiot” in an attempt to intimidate the staff member into
doing something that the staff member cannot do;
b. Disturb or annoy anyone with loud or unreasonable noise;
c. Insist that City staff provide a service, explanation or document that City staff has made clear
cannot be provided at that time;
d. Insist on meeting with a City staff member or supervisor after being told that the person is
either not available or will not meet with the person;
e. Conduct oneself in a manner that obstructs or intimidates City staff or patrons;
f. Block City entrances, ramps, or exits;
g. Enter a City building with animals other than service animals authorized by law;
h. Ride bikes, skates, scooters, Segways, skateboards, and other devices designed to enhance
mobility but not intended for indoor use;
i. Smoke, eat, or drink, except where expressly permitted;
j. Lie on the floor or sleep; or
k. Exude extremely offensive odors
Exterior Rules/Signage
1. No member of the public may remain on the exterior steps or exterior grounds1 of City buildings,
unless the person is there to conduct City-related business or contact an employee.
1 “Exterior grounds” means the area between the outer building façade and the property line. Exterior
grounds can include an off-street parking lot. However, a public sidewalk is not part of the exterior
grounds. (BMC § 13.36.065(B).) Also, if the City only leases a portion of a building, this rule still applies
to the entire “exterior grounds.” (BMC § 13.36.065(B).)
Acceptable Signage: “No Sitting On Steps – BMC 13.36.065” and/or “Building Steps And Grounds For
City Business Only – BMC 13.36.065.”2 (See following text of BMC 13.36)
2 Due to technical legal problems, do not use the words “no loitering” in any sign. Rather, use the
recommended language.
Chapter 13.36 DISORDERLY CONDUCT*
Section 13.36.065 Violating building security rules for City buildings.
A. Purpose. The purpose of this section is to enable the City Manager to establish building security
rules for buildings that the City of Berkeley owns or leases for City government business or
services. The City Manager’s building security rules will be designed to maintain the safety of City
employees and patrons, facilitate the City’s ability to do government business and provide services,
and prevent damage to City facilities. The City Manager’s building security rules may apply to all
City buildings, as defined in this section, or only to specific City buildings, depending on the
security needs at each site.
B. Definitions. “City building” as used in this section means any building that the City of Berkeley
owns or leases for the purpose of conducting City government business or providing City services.
If only a part of the interior of a building is leased by the City for City government business or
services, then “City building” shall apply to only that part of the interior of the building. In
addition, if only a part of the interior of a building is leased by the City for City government
business or services, then “City building” shall also include the entire exterior curtilage of the
building, unless the building owner or occupant authorizes the conduct prohibited by this section on
the exterior curtilage.
“Curtilage” as used in this section means the exterior grounds of a building. “Curtilage” shall
include the steps and grounds that lie between the outer facade of the building and either (1) the
public sidewalk, (2) a formally dedicated public park, or (3) the adjacent private property. Curtilage
does not include the public sidewalk or a formally dedicated public park, but rather, ends there.
C. Prohibited Conduct. No person shall violate the City Manager’s building security rules governing
any City building. The City Manager’s building security rules shall promote safety for City
employees and patrons, facilitate the City’s ability to provide services, and/or help prevent damage
to City facilities. The City Manager’s building security rules shall include, but need not be limited
to, prohibiting persons from:
(1) Entering designated areas that are not open to the general public inside of City
buildings without permission from a City employee or agent, and
(2) Remaining inside of or on the curtilage of a City building without a purpose related to
conducting business, accessing services, or contacting an occupant on the premises.
D. Citation. No person shall be arrested or cited under this section unless the person engages in
conduct prohibited by this section after having been notified by a City official that he or she is in
violation of the prohibition in this section.
E. Penalty. Notwithstanding the provisions of Section 13.36.100, violation of this section shall be
either an infraction or a misdemeanor, in the discretion of the prosecutor, and upon conviction shall
be punishable as set forth in Chapter 1.20 of this code. (Ord. 6486-NS § 1, 1999)
Attachment 2
SETTING UP A RECYCLING PROGRAM
A. Recycling and Composting Guidelines
1. All occupants in City-owned facilities must participate in recycling services provided by
the City or provide an acceptable alternative for approval of City’s Recycling Supervisor.
a. Assign someone to be in charge of your recycling program, and communicate
needs and questions to the City’s Solid Waste Management Division.
b. Recycle corrugated cardboard, office papers and beverage containers (glass
bottles, plastic bottles and cans).
c. Place collection containers at convenient locations for licensee and employees
including at desk sides and copy rooms, and containers for bottles/cans. See
Section B below.
d.
e. Educate employees about recycling procedures.
f. Cooperate fully to make recyclables available for collection.
g. Recycle batteries and office equipment (contact City’s Solid Waste Management
Division for information about vendors).
2. Cafeterias and commercial kitchens may participate in the City’s organics recycling
program, with approval of refuse supervisor. The City will provide containers and
training.
3. Licensee shall recycle construction waste from any licensee improvements.
4. The City shall provide the following services at standard rates:
a. Curbside collection service (cart) or on site for bins.
b. Containers for desk side, copy room and storage.
c. Assistance designing your recycling program.
d. Training and instructive posters.
5. Standard Rates:
a. There is no charge for recycling services for bottles/cans, papers and cardboard.
b. Organics collection is charged at 80% of equivalent refuse service.
B. Recycling happens in four phases:
1. Convenient separation where it’s first generated:
a. Container next to each desk to hold office paper and trash.
b. Container by each copy machine. This container should be at least 13 gallons
and can double as the central container for the office.
c. Container for bottles/cans in the break room.
2. Move small amounts to a central collection container:
a. Employees usually empty their desk side containers into a larger central
container. Often this doubles as the copy-room container.
b. Employees put their bottles/cans into a container in the break room.
3. Licensee is responsible to transfer the paper to the licensee’s storage location, and setting
storage containers by the curbside by 7:00 a.m. on collection day and bringing them back
to the storage area as soon as possible after they are emptied.
4. The City will pick up recycling materials on the regular collection day.
Attachment 3
Office of the City Manager
MEMORANDUM
January 11, 2001
TO: All Staff
FROM: Weldon Rucker, Acting City Manager
RE: MUNICIPAL ELECTRIC LOAD CURTAILMENT
As you are aware, California’s electric system is in a fragile condition. In order to prevent rolling
blackouts, the City shall curtail municipal electric loads as described below. Since this problem is likely to
persist, these procedures shall remain in effect until further notice.
The California Independent System Operator (ISO) issues alerts when power supply margins are too low.
A Stage II emergency seeks voluntary load curtailment. A Stage III Emergency orders utilities to institute
rolling black outs.
At all times, regardless of the ISO Emergency status, the procedures below shall be followed.
1) Site Safety Coordinators shall:
a) ensure that non-essential equipment including copiers, printers, computers, lights, space heaters,
air conditioners, fans and air compressors are turned off at the end of the day;
b) ensure that Energy Saver features are enabled on all office equipment (copiers, printers, PCs,
faxes);
c) minimize use of incandescent lighting (call the Energy Office to replace incandescent desk lamps
with fluorescents); and,
d) be familiar with Stage II procedures.
2) No new incandescent (including halogen and quartz) floor or desk lamps may be purchased.
3) Information Systems shall set Energy Star features on all new installs and service calls.
4) Public Works Facilities Management shall review and correct settings on all setback thermostats
(Operating hours: heat = 68 degrees; cooling = 74 degrees. Non-operating hours: heat = 55 degrees;
cooling 90 = degrees).
5) Parks and Waterfront and Health and Human Services shall prepare a plan to notify ball field users of
closures.
During Stage II Emergencies, the procedures below shall be followed:
1) Public Works and the Communications Center shall notify each other and Information Systems of the
Stage II notice.
2) Information Systems shall send an email to Everyone (that includes excerpts from this document).
3) Site Safety Coordinators shall:
a) Disconnect electric vehicles from chargers;
b) Ensure all procedures above are implemented;
c) Turn off all non-essential air compressors;
d) Turn off all space heaters, window box air conditioners and fans;
e) Turn off all unused office equipment;
f) Turn off all unnecessary overhead lighting; use fluorescent task lighting and daylight; and,
g) Reset thermostats to 78 degrees for cooling and to turn off ventilation equipment when
heating/cooling element is not on.
4) Health and Human Services and Parks and Waterfront shall notify ball field users of the emergency
and shall turn off ball field lighting.
5) Parks and Waterfront shall turn off ball court lighting.
For more information, please contact Neal De Snoo of the Energy
Attachment 2
RESOLUTION NO. –N.S.
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT AND ANY
AMENDMENTS WITH THE BERKELEY HISTORICAL SOCIETY LOCATED AT 1931
CENTER STREET FOR THE OPERATION OF THE BERKELEY HISTORICAL MUSEUM
WHEREAS, the Berkeley Historical Society provides public displays and safe preservation of
relics and archives regarding the history of Berkeley; and
WHEREAS, the Berkeley Historical Society Project has been providing services at 1931 Center
Street since 1992; and
WHEREAS, the Berkeley Historical Society Project provides valuable and needed services to
the community; and
WHEREAS, the Berkeley Historical Society Project requires a location to continue to provide its
services to the public.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City
manager is authorized to execute a license agreement and any amendments with the Berkeley
Historical Society in a form that is substantially similar to that attached to this resolution.
Attachment 2 – Exhibit A
LICENSE AGREEMENT
This AGREEMENT is entered into on _____________ by and between the CITY OF
BERKELEY, a Charter City organized and existing under the laws of the State of California
(“City”) and the BERKELEY HISTORICAL SOCIETY (“Licensee”), a _________________,
who agree as follows.
1. LICENSE
a. Subject to all the terms and conditions herein, City hereby grants Licensee use of that portion of the City’s
property at 1931 Center Street in Berkeley, County of Alameda, State of California (“the Property”) shown on
Exhibit A, attached hereto and made a part hereof. This License is not a lease; Licensee does not by this License
obtain an exclusive right, against the City or the public, to any part of the Property.
b. This License is granted for the purpose of ___________________________________.
2. TERM
This License shall take effect once executed by Licensee and approved by the Berkeley City Council (the “effective
date”). It shall remain in effect on a month-to-month basis, starting with the effective date, subject to the following:
Either party may terminate this License for any reason within thirty (30) days prior written notice to the
other party. Either party may terminate this License for default upon fifteen (15) days’ written notice to the other if
the other party has substantially failed to fulfill any of its obligations under this License in a timely manner.
3. LICENSE FEE
a. In consideration for the rights conveyed by this License, Licensee shall pay the City $________ per year,
which shall be due and payable on upon execution of this agreement, as specified in Exhibit B.
4. NOTICES
A written notice shall be deemed served upon mailing said notice to the other party and depositing the same with the
U.S. Post Office, first class mail, with postage paid.
For purposes of this License, all notices to the City shall be addressed to:
Hallie Llamas, Real Property Manager
Public Works Department
1947 Center Street, 4th Flr.
Berkeley, CA 94704
For purposes of this License, all notices to Licensee shall be addressed to:
____________________________
____________________________
____________________________
5. GENERAL - OCCUPANCY RULES AND REGULATIONS
a. City may waive any one or more of the occupancy rules or regulations contained in this agreement for the
benefit of any particular licensee or licensees, but no waiver by City will be construed as a waiver of those rules and
regulations in favor of any other licensee, nor prevent City from enforcing any of those rules and regulations against
any or all of the licensees of 1931 Center Street. Any waiver of rules and regulations by City shall be in writing.
1
b. City reserves the right at any time to change or rescind any one or more of the rules and regulations or to
make any additional reasonable rules and regulations that, in City’s judgment, may be necessary for:
i) management, safety, care, and cleanliness of the premises, building and real property;
ii) preservation of good order; and
iii) convenience of other occupants and licensees in the premises, building and real property.
6. HEALTH, SAFETY AND ACCESSIBILITY (applicable to licensees described below)
Berkeley Opportunities for Self-Sufficiency (BOSS)/Multi-Agency Service Center (MASC), Berkeley
Food Housing Project (BFHP) and Dorothy Day Housing (DDH) shall make all reasonable efforts to comply with
the Alameda County-wide Homeless Continuum of Care Health, Safety and Accessibility Standards for Shelter
Facilities in Alameda County.
7. MAINTENANCE AND ALTERATIONS
a. Licensee shall maintain the Property used pursuant to this License in good order and repair and reasonably
free and clean of all debris, trash and rubble. Upon termination of this License, Licensee shall, at its own cost,
remove any equipment or materials installed by Licensee and shall surrender the Property to City in the same
condition as at the commencement of this License with the exception of reasonable wear and tear. Licensee shall
reimburse the City for any expenses incurred by the City for any damage to the Property resulting from this License.
b. Licensee shall not construct or place any facilities on the Property, or install any equipment on the
Property, or make any alterations or improvements to the Property, without the City’s prior written consent.
c. Licensee shall be responsible for any and all janitorial services required on the premises. The City shall
provide janitorial services for the common areas.
d. Licensee shall be responsible for the payment of all utilities, including water, gas, electricity, trash
collection/maintenance and other services delivered to the premises. In the case of electricity, gas, water and sewer
utilities and building maintenance, these services will be provided by the City and Licensee shall pay the City a fee
as provided in Section 3 above. Licensee shall be directly responsible for paying fees for other services.
e. No sign, placard, picture, name, advertisement, or notice visible from the exterior of the premises will
be inscribed, painted, affixed, or otherwise displayed by licensee on any part of 1931 Center Street without the prior
written consent of the City. Material visible outside the building will not be permitted.
f. Licensee shall assume all responsibility for protecting the premises from theft, robbery, pilferage,
vandalism, damage, or waste, including keeping doors locked and other means of entry to the premises closed and
turning off all water faucets, water apparatus, and utilities.
g. Licensee shall conduct business in a manner that will not cause damage to the building or property
including but not limited to (i.e., not overloading the circuits, inappropriate use of extension cords, exceeding
maximum weight on stage and any other floor area, etc.)
8. SECURITY
a. Pursuant to BMC Section 13.36.065, Licensee shall comply with security rules for City buildings. The City
Manager’s building security rules are designed to maintain the safety of City employees and patrons, facilitate the
City’s ability to do government business and provide services, and prevent damage to City facilities. (See
Attachment 1.)
b. Access keys to licensee’s space shall be provided by Public Works Maintenance only and no keys
shall be duplicated without consent of the City of Berkeley Public Works Maintenance Division. Licensee may not
change any locks. The City will have access to all space in the building in the event of an emergency.
c. Courtyard: BOSS/MASC, Options Recovery Services and BFHP will share responsibility for responding
appropriately when unsafe behavior by clients on the premises threatens the safety of the building or the general
2
public. BFHP staff will perform this role in the courtyard from 5 p.m. to 7 a.m. nightly. BFHP staff will ensure
courtyard gate is locked nightly at 7 p.m. BOSS/MASC staff will patrol the courtyard jointly with Options Recovery
Services from 8 a.m. to 4 p.m. Staff shall patrol the courtyard jointly on a regular basis and keep a log of activity.
Options Recovery Services will patrol the courtyard from 4 p.m. to 5 p.m. daily.
Courtyard Schedule:
7 p.m. – Lock Gate – Berkeley Food and Housing Project
5 p.m. to 7 a.m. – Berkeley Food and Housing Project
8 a.m. to 4 p.m. – Joint Patrol MASC/Options
4 p.m. to 5 p.m. – Options Recovery Services
d. Holiday Coverage: When MASC is closed for holidays and when Options Recovery Services is open,
Options staff will be responsible for the courtyard, front steps, and parking lot security.
e. Front Steps: BOSS/MASC and Options staff will ensure security of the front steps jointly daily and keep
an activity log. BFHP staff will be responsible for front steps at night from inside the building.
9. JANITORIAL TO BE PROVIDED BY LICENSEES
a. Bathrooms:
i. BOSS/MASC will stock basement bathrooms in the morning, and clean them at closing time each
day.
ii. BFHP will stock basement bathrooms in the evening and clean in the mornings.
iii. BOSS/MASC/BFHP will organize and jointly pay for a deep cleaning service of the men’s bathroom
on a regular basis at least twelve times per year.
iv. Options will clean the front hallway and first floor restrooms for both men and women on a daily
basis.
b. Courtyard:
i. BOSS/MASC will clean courtyard in the late afternoon daily.
ii. BFHP will clean courtyard in the morning daily. .
c. Other:
BFHP and BOSS/MASC will share the cost and organize jointly waxing all floors and cleaning all
carpeting on an annual basis.
10. USE OF KITCHEN FACILITY
a. Use of the kitchen will be shared between BOSS/MASC, BFHP, and Dorothy Day House (DDH) and
all three agencies will have keys to the kitchen. Hours of use are as follows: Dorothy Day House: Monday through
Sunday: 5 a.m. to 11 a.m. and 5:30 p.m. to 8:00 p.m. Any DDH volunteers must be under supervision by a team
leader.
b. A list of authorized personnel from DDH will be submitted to BOSS/MASC and BFHP. DDH team leaders
will have access to the kitchen from 11 a.m. until 5:30 p.m. in order to clean and receive deliveries; all DDH
personnel will check in with BOSS/MASC and BFHP staff prior to using the kitchen during this period.
i. BOSS/MASC: Staff shall use kitchen as needed under the supervision of the Program Manager.
ii. BFHP: Staff shall use kitchen as needed under the supervision of the Program Manager.
11. NO SMOKING
a. Pursuant to Berkeley Municipal Code (BMC) Ch. 12.70, no smoking is allowed in public places. This
includes, but is not limited to within 20 feet of any entrance, exit or air intake vent to 1931 Center Street, except
while passing on the way to another destination.
b. No smoking is allowed in the parking lot or courtyard at 1931 Center Street.
3
12. ENVIRONMENTAL
a. Licensee shall follow all environmental rules and regulations as they apply to City agencies. Specifically,
licensee shall minimize waste and recycle and compost, as per Recycling and Composting Guidelines for City
Buildings. Guidelines for creating a recycling program are attached as Attachment 2. Licensee must participate in
a recycling service provided by the City or provide an acceptable alternative with the approval of the City’s
Recycling Supervisor. To that end, Licensee shall:
Assign someone to be in charge of its recycling program, and to communicate needs and questions to
the City’s Solid Waste Management Division.
i. Recycle corrugated cardboard, office papers and beverage containers (glass bottles,
plastic bottles and cans).
ii. Place collection containers for paper at desk sides and copy rooms, and break rooms.
(See Attachment 2 for details.)
iii. Provide a location for custodians to pick up flattened empty cardboard boxes. A central
paper container is acceptable.
iv. Educate employees and new employees about recycling procedures.
v. Cooperate with the custodial service to make recyclables available for collection.
vi. Recycle batteries and office equipment (contact the City’s Solid Waste Management
Division for information about vendors).
vii. Cafeterias and commercial kitchens may participate in the City’s organics recycling
program, with the approval of the City’s Solid Waste Supervisor. City provides
containers and training.
viii. Licensee shall recycle construction waste from tenant improvements.
ix. Licensee shall conserve energy as specified in the City Manager’s January 11, 2001
memorandum as shown in Attachment 3.
13. ACCESS TO PROPERTY; TAXES, ASSESSMENTS, AND OTHER CHARGES
a. City, including its agents and employees, reserves the right to enter the Property and make any
improvements thereon at reasonable times, provided such entry does not cause unreasonable interference with
Licensee’s activities.
b. Licensee shall pay all personal property taxes levied on account of personal property owned by Licensee on
the Property, and pay any in-lieu, possessory interest, or use taxes imposed by reason of Licensee’s use or
occupancy of the Property.
14. ASSIGNMENT AND SUBLICENSING PROHIBITED
This License is personal to Licensee. Notwithstanding references to assignees and/or sublicensees
elsewhere in this License, if any, Licensee may not assign or sublicense this License in whole or in part without the
prior written consent of the City, and any attempt to assign or sublicense this License shall terminate it.
15. INDEMNIFICATION
a. Licensee shall indemnify, defend and hold City, its officers, agents, volunteers and employees harmless
from: 1) all claims of liability for any damage to property or injury or death to any person occurring in, on, or about
the Property; 2) all claims of liability arising out of or in any way connected with Licensee’s operations under this
License, or any act or omission by Licensee, its officers, partners, directors, employees, agents, contractors,
subcontractors or invitees; and 3) all damages, liability, fines, penalties, and any other consequences arising from
any noncompliance or violation of any laws, ordinances, codes, or regulations, including but not limited to the
Occupational Safety and Health Act of 1979 and the Americans with Disabilities Act of 1990. Except, however,
that City shall hold Licensee harmless from all claims of liability for damage resulting from the negligent or
wrongful acts or omissions of City or its authorized representatives.
b. Neither Licensee nor its assignees, heirs, guardians, and legal representatives shall make a claim against or
sue City or its employees, agents or contractors for injury or damage resulting from the negligence, whether active
or passive, or other acts, however caused, by any employee, agent, or contractor of the City as a result of Licensee’s
presence on the Property. Licensee hereby acknowledges that the Property specifically and 1931 Center Street
4
generally requires certain structural or code upgrades and accepts the condition of the premises “as is.”
c. LICENSEE ACKNOWLEDGES THAT 1931 CENTER STREET HAS BEEN DEEMED TO BE
UNSAFE AND SUBJECT TO SEVERE DAMAGE DURING ANY MAJOR EARTHQUAKE. LICENSEE
OCCUPIES THE BUILDING AT ITS OWN RISK. LICENSEE HEREBY RELEASES AND DISCHARGES
THE CITY OF BERKELEY AND ITS EMPLOYEES, AGENTS, CONTRACTORS FROM ALL ACTIONS,
CLAIMS OR DEMANDS THAT LICENSEE, ITS HEIRS, GUARDIANS, AND LEGAL
RPERESENTATIVES NOW HAVE OR MAY HAVE IN THE FUTURE FOR INJURY OR DAMAGE
RESULTING FROM AN EARTHQUAKE.
16. INSURANCE
a. Licensee at its cost shall maintain commercial general liability and property damage insurance with a
single combined liability limit of $2,000,000.00 per occurrence insuring against all liability of Licensee and its
authorized representatives arising out of and in connection with Licensee’s use or occupancy of the Property. All
such insurance shall insure performance by Licensee of the preceding indemnity provisions. All insurance shall
name the City, its officers, agents, volunteers and employees as additional insureds and shall provide primary
coverage with respect to the City.
b. If the insurance referred to above is written on a Claims Made Form, then following termination of this
License, coverage shall survive for a period of not less than five years. Coverage shall also provide for a
retroactive date of placement coinciding with the effective date of this License.
c. Licensee at its cost shall maintain on all its personal property, Licensee’s improvements, and
alterations, in, on, or about the Property, a policy of standard fire and extended coverage insurance, with
vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the proceeds
from any such policy shall be used by Licensee for the replacement of personal property or the restoration of
Licensee’s improvements or alterations.
d. If Licensee employs any person, it shall carry workers’ compensation and employer’s liability
insurance and shall provide a certificate of insurance to the City. The workers’ compensation insurance shall:
provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of
said insurance except upon thirty (30) days prior written notice to the City; provide for a waiver of any right of
subrogation against City to the extent permitted by law; and be approved as to form and sufficiency by the City’s
Risk Manager.
e. Licensee shall forward all insurance documents to Hallie Llamas, Real Property
Manager, 1947 Center Street, 4th Flr., Berkeley, California, 94704.
17. CONFORMITY WITH LAW
a. Licensee shall observe and comply with all applicable laws. Licensee shall release, defend, indemnify
and hold harmless City, its officers, agents, volunteers and employees from any and all damages, liability, fines,
penalties and consequences from any noncompliance or violation of any laws, ordinances, codes or regulations.
b. If a death, serious personal injury or substantial property damage occurs in connection with the
performance of this License, Licensee shall immediately notify the City’s Risk Manager by telephone. If any
accident occurs in connection with this License, Licensee shall promptly submit a written report to City, in such
form as the City may require. This report shall include the following information: 1) name and address of the
injured or deceased person(s); 2) name and address of Licensee’s sub licensee, if any; 3) name and address of
Licensee’s liability insurance carrier; and 4) a detailed description of the accident, including whether any of
City’s equipment, tools or materials were involved.
c. If a release of hazardous materials or hazardous waste occurs in connection with the performance of
this License, Licensee shall immediately notify the Berkeley Police Department and the City’s Emergency and
Toxics Management office.
5
d. Licensee shall not store hazardous materials or hazardous waste within the City of Berkeley without a
proper permit from the City.
18. INDEPENDENT CAPACITY
For purposes of this License, and for the duration of this License, Licensee, including its agents and employees,
shall be, and is, an independent contractor and not an agent or employee of the City. Licensee has and shall
retain the right to exercise full control and supervision of the services, and full control over the employment,
direction, compensation and discharge of all persons assisting Licensee in the performance of this License.
Licensee shall be solely responsible for all matters relating to the payment of its employees, including
compliance with Social Security, withholding, and all other regulations governing such matters, and shall be
solely responsible for its own acts and those of its agents and employees.
19. CITY NON-DISCRIMINATION ORDINANCE
Licensee hereby agrees to comply with the provisions of Berkeley Municipal Code (“BMC”) Chapter 13.26 as
amended from time to time. In the performance of this License, Licensee agrees as follows:
a. Licensee shall not discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual orientation or
AIDS.
b. Licensee shall permit the City access to records of employment, employment advertisements, application
forms, EEO-1 forms, affirmative action plans and any other documents which, in the opinion of the City, are
necessary to monitor compliance with this non-discrimination provision. In addition, Licensee shall fill out, in a
timely fashion, forms supplied by the City to monitor this non-discrimination provision.
20. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
a. If Licensee provides any aid, service or benefit to others on the City’s behalf, Licensee shall, in the
provision of such aid, service or benefit, observe and comply with all applicable provisions of Title II of the
Americans with Disabilities Act of 1990 and any amendments thereto. Licensee shall further observe and
comply with all applicable federal, state, municipal and local laws, ordinances, codes and regulations prohibiting
discrimination against individuals with disabilities and shall ensure that individuals with disabilities are not
excluded from participating in or receiving benefits, services or activities of the City.
b. If Licensee is or becomes a "public accommodation" as defined in Title III of the Americans with
Disabilities Act of 1990, Licensee shall observe and comply with all applicable provisions of the Act and any
amendments thereto, and all applicable federal, state, municipal and local laws, ordinances, codes and
regulations prohibiting discrimination on the basis of disability in the full and equal enjoyment of goods,
services, facilities, privileges, advantages, or accommodations offered by the Licensee. All of Licensee’s
activities must be in accordance with these laws, ordinances, codes, and regulations, and Licensee shall be solely
responsible for complying therewith.
21. OPPRESSIVE STATES
a. In accordance with Resolution No. 59,853-N.S., Licensee certifies that it has no contractual relations
with, and agrees during the term of this License to forego contractual relations to provide personal services to or
to purchase, sell, lease or distribute commodities in the conduct of business with, the following entities:
i) The governing regime in any Oppressive State.
ii) Any business or corporation organized under the authority of the governing regime of
any Oppressive State.
iii) Any individual, firm, partnership, corporation, association, or any other commercial
organization, and including parent-entities and wholly-owned subsidiaries (to the extent
that their operations are related to the purpose of its contract with the City), for the
express purpose of assisting in business operations or trading with any public or private
entity located in any Oppressive State.
6
b. For purposes of this License, the Tibet Autonomous Region and the provinces of Ado, Kham, and U-
Tsang shall be deemed oppressive states.
c. Licensee’s failure to comply with this section shall constitute a default of this License and City may
terminate this License pursuant to Section 2. In the event that the City terminates this License due to a default
under this provision, City may deem Licensee a non-responsible bidder for five (5) years from the date of
termination.
22. LIVING WAGE ORDINANCE
a. Licensee agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living Wage
Ordinance. If Licensee employs six (6) or more part-time, full-time or stipend employees, and generates
$350,000 or more in annual gross receipts, Licensee will be required to provide all eligible employees with City
mandated minimum compensation during the term of this License, as defined in B.M.C. Chapter 13.27, and well
as comply with the terms enumerated herein.
b. Licensee shall be required to maintain all reasonable records and documents that would establish
whether Licensee is subject to Berkeley’s Living Wage Ordinance (LWO). If Licensee is subject to the LWO, as
defined therein, Licensee shall be further required to maintain monthly records of those employees located on the
Property. These records shall include the total number of hours worked, the number of hours spent providing
service on the Property, the hourly rate paid, and the amount paid by Licensee for health benefits, if any, for each
of its employees providing services under the License. The records described in this Section shall be made
available upon the City’s request. The failure to produce these records upon demand shall be considered grounds
for termination of this License in accordance with section 2 of this License.
c. If Licensee is subject to the LWO, Licensee shall include the requirements of the ordinance, as defined
in B.M.C. Chapter 13.27, in any and all sublicense agreements in which Licensee enters with regard to the
Property. Sub licensees shall be required to comply with this ordinance with regard to any employees who spend
25% or more of their compensated time on the Property.
d. If Licensee fails to comply with the requirements of the LWO and this License, the City shall have the
rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.
Licensee’s failure to comply with this Section shall be considered grounds for termination of this License in
accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount of $50
per employee per day for each and every instance of an underpayment to an employee. It is mutually understood
and agreed that Licensee’s failure to pay any of its eligible employees at least the applicable living wage rate will
result in damages being sustained by the City; that the nature and amount of the damages will be extremely
difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure
of damage for such breach that can be fixed at this time; and that the liquidated damage amount is not intended
as a penalty of forfeiture for Licensee’s breach.
23. BERKELEY EQUAL BENEFITS ORDINANCE
a. Licensee hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance,
B.M.C. Chapter 13.29. If Licensee generates $350,000 or more in annual gross receipts, Licensee will be
required to provide all eligible employees with City mandated equal benefits during the term of this License, as
defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein.
b. If Licensee is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Licensee agrees
to supply the City with any records the City deems necessary to determine compliance with this provision.
Failure to do so shall be considered grounds for termination of this License in accordance with section 2 of this
License.
c. If Licensee fails to comply with the requirements of this Section, City shall have the rights and
remedies described in this Section, in addition to any rights and remedies provided by law or equity.
7
Licensee’s failure to comply with this Section shall constitute grounds for termination of this License in
accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount of
$50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood
and agreed that Licensee’s failure to provide its employees with equal benefits will result in damages being
sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix;
that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach
that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for
Licensee’s breach.
24. CONFLICT OF INTEREST PROHIBITED
a. In accordance with Government Code section 1090, Berkeley City Charter section 36, and the B.M.C.
Chapter 3.64, neither Licensee nor any employee, officer, director, partner or member of Licensee, or immediate
family member of any of the preceding, shall have served as an elected officer, an employee, or a City board,
committee or commission member, who has directly or indirectly influenced the making of this License.
b. In accordance with Government Code section 1090 and the Political Reform Act, Government Code
section 87100 et seq., no person who is a director, officer, partner, trustee, employee or consultant of the
Licensee, or immediate family member of any of the preceding, shall make or participate in a decision made by
the City or a City board, commission or committee, if it is reasonably foreseeable that the decision will have a
material effect on any source of income, investment or interest in real property of that person or Licensee.
c. Interpretation of this section shall be governed by the definitions and provisions used in the Political
Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals and codes,
Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64.
25. NUCLEAR FREE BERKELEY
Licensee agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act.
26. RECYCLED PAPER FOR WRITTEN REPORTS
If Licensee is required by this License to prepare a written report or study, Licensee shall use recycled paper for
said report or study when such paper is available at a cost of not more than ten percent (10%) more than the cost
of virgin paper, and when such paper is available at the time it is needed. For the purposes of this License,
recycled paper is paper that contains at least fifty percent (50%) recycled product. If recycled paper is not
available, Licensee shall use white paper. Written reports or studies prepared under this License shall be printed
on both sides of the page whenever practical.
27. PESTICIDES; EFFECT ON SUCCESSORS AND ASSIGNS; RISK OF LOSS
a. All use of pesticides on the premises shall be in compliance with the City of Berkeley’s Pesticide Use
Policy as it exists at the time of such use.
b. This License shall be binding on and inure to the benefit of the heirs, executors, administrators, successors,
and assigns of the parties hereto.
c. Licensee bears all risk of loss under this License.
28. AUDIT
The City Auditor’s Office, or its designee, may conduct at any time an audit of Licensee’s financial and
compliance records maintained in connection with the operations and services performed under this License, and
with the payments made under this License. In the event of such audit, Licensee agrees to make all such
financial and compliance records available to the Auditor’s Office, or its designee. City agrees to provide
Licensee an opportunity to discuss and respond to any findings before a final audit report is filed.
8
29. SETOFF AGAINST DEBTS
Licensee agrees that City may deduct from any payments due to Licensee under this License any amounts due to
the City, and any monies that Licensee owes City under any ordinance, agreement or resolution for any unpaid
taxes, fees, licenses, unpaid checks or other amounts.
30. GOVERNING LAW; AMENDMENTS
a. The laws of the State of California shall govern this License.
b. The term of this License shall not be altered or otherwise modified except by a written amendment to this
License executed by City and Licensee.
31. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER
Licensee has obtained a City business license as required by B.M.C. Chapter 9.04, and its license number is
written below; or, Licensee is exempt from the provisions of B.M.C. Chapter 9.04 and has written below the
specific B.M.C. section under which it is exempt. Licensee shall pay all state and federal income taxes and any
other taxes due. Licensee certifies under penalty of perjury that the taxpayer identification number written below
is correct.
32. SEVERABILITY; WAIVER
a. If any part of this License or the application thereof is declared invalid for any reason, such invalidity shall
not affect the other terms of this License which can be given effect without the invalid provision or
application, and to this end the provisions of this License are declared to be severable.
b. Failure of City to insist on strict performance shall not constitute a waiver of any of the provisions of this
License or a waiver of any other default of Licensee.
33. ENTIRE AGREEMENT
a. The terms and conditions of this License, all exhibits attached and any documents expressly
incorporated by reference represent the entire agreement between the parties with respect to the subject matter of
this License. This License shall supersede any and all prior agreements, oral or written, regarding the subject
matter between City and Licensee. No other agreement, statement, or promise relating to the subject matter of
this License shall be valid or binding except by a written amendment to this License.
b. If any conflicts arise between the terms and conditions of this License and the terms and conditions of
the attached exhibits or any documents expressly incorporated, the terms and conditions of this License shall
control.
IN WITNESS WHEREOF, City and Licensee have executed this License as of the date written on
the first paragraph of this License.
CITY OF BERKELEY
By ___________________________
CITY MANAGER
Registered by: Approved as to form:
____________________________
CITY AUDITOR CITY ATTORNEY
Attest:
________________________
9
CITY CLERK
_________________________________
By: ______________________________
Its: ______________________________
Tax Identification No. .
Berkeley Business License No. ______________
Incorporated: Yes No
Certified Woman Business Enterprise: Yes No
Certified Minority Business Enterprise: Yes No
If yes, state ethnicity: ______________________
Certified Disadvantaged Business Enterprise: Yes No
10
EXHIBIT A
Berkeley Historical Society
11
EXHIBIT B
PAYMENT
1) Payments shall be due and payable upon execution of the agreement and the check made payable to the
“City of Berkeley.” Payments shall be paid at Finance Department Customer Service Center at 1947
Center Street, 1st Floor, Berkeley, CA 94704
2) Failure to make full payments on time is grounds for termination of this License by the City.
3) The license fee shall be $100.00 per year.
12
Attachment 1
SECURITY RULES FOR CITY BUILDINGS
Interior Rules/Signage
1. No member of the public may enter an interior area of a City building once a City employee advises that
the area is closed to the public.
2. No member of the public may enter an interior area of a City building that is signed in any manner that
suggests that the public should not enter, unless given permission to enter by a City employee. Such signs
include, but are not limited to: “Reception Area – Please Check In,” “Private,” and “Employees Only”
3. A member of the public may remain in the lobby, hallways, waiting areas, or similar public areas inside a
City building only as long as necessary to conduct City-related business or contact an employee. Members
of the public may not wait in a City building for a City employee indefinitely, and may be asked to return at
another time when the employee is expected to be in the office. When signage is not practical: use verbal
warnings.
4. Bathrooms in City buildings shall not be used for bathing or washing clothes, unless the bathroom is
equipped for such uses and the person is authorized to use the bathroom for such purposes. Acceptable
Signage, But Only If The Problem Is Recurring: “No Bathing Allowed” or “No Bathing Or Washing
Laundry Allowed”
5. In City buildings, no member of the public may:
a. Yell, threaten, or use profanity or rude, insulting language against City staff, e.g., calling the City staff
member a “bastard” or an “idiot” in an attempt to intimidate the staff member into doing something
that the staff member cannot do;
b. Disturb or annoy anyone with loud or unreasonable noise;
c. Insist that City staff provide a service, explanation or document that City staff has made clear cannot
be provided at that time;
d. Insist on meeting with a City staff member or supervisor after being told that the person is either not
available or will not meet with the person;
e. Conduct oneself in a manner that obstructs or intimidates City staff or patrons;
f. Block City entrances, ramps, or exits;
g. Enter a City building with animals other than service animals authorized by law;
h. Ride bikes, skates, scooters, Segways, skateboards, and other devices designed to enhance mobility but
not intended for indoor use;
i. Smoke, eat, or drink, except where expressly permitted;
j. Lie on the floor or sleep; or
k. Exude extremely offensive odors
Exterior Rules/Signage
1. No member of the public may remain on the exterior steps or exterior grounds1 of City buildings, unless
the person is there to conduct City-related business or contact an employee.
Acceptable Signage: “No Sitting On Steps – BMC 13.36.065” and/or “Building Steps And Grounds For City
Business Only – BMC 13.36.065.”2 (See following text of BMC 13.36)
1 “Exterior grounds” means the area between the outer building façade and the property line. Exterior grounds
can include an off-street parking lot. However, a public sidewalk is not part of the exterior grounds. (BMC §
13.36.065(B).) Also, if the City only leases a portion of a building, this rule still applies to the entire “exterior
grounds.” (BMC § 13.36.065(B).)
2 Due to technical legal problems, do not use the words “no loitering” in any sign. Rather, use the recommended
language.
13
Chapter 13.36 DISORDERLY CONDUCT*
Section 13.36.065 Violating building security rules for City buildings.
A. Purpose. The purpose of this section is to enable the City Manager to establish building security rules for
buildings that the City of Berkeley owns or leases for City government business or services. The City
Manager’s building security rules will be designed to maintain the safety of City employees and patrons,
facilitate the City’s ability to do government business and provide services, and prevent damage to City
facilities. The City Manager’s building security rules may apply to all City buildings, as defined in this
section, or only to specific City buildings, depending on the security needs at each site.
B. Definitions. “City building” as used in this section means any building that the City of Berkeley owns or
leases for the purpose of conducting City government business or providing City services. If only a part of
the interior of a building is leased by the City for City government business or services, then “City building”
shall apply to only that part of the interior of the building. In addition, if only a part of the interior of a
building is leased by the City for City government business or services, then “City building” shall also
include the entire exterior curtilage of the building, unless the building owner or occupant authorizes the
conduct prohibited by this section on the exterior curtilage.
“Curtilage” as used in this section means the exterior grounds of a building. “Curtilage” shall include the
steps and grounds that lie between the outer facade of the building and either (1) the public sidewalk, (2) a
formally dedicated public park, or (3) the adjacent private property. Curtilage does not include the public
sidewalk or a formally dedicated public park, but rather, ends there.
C. Prohibited Conduct. No person shall violate the City Manager’s building security rules governing any City
building. The City Manager’s building security rules shall promote safety for City employees and patrons,
facilitate the City’s ability to provide services, and/or help prevent damage to City facilities. The City
Manager’s building security rules shall include, but need not be limited to, prohibiting persons from:
(1) Entering designated areas that are not open to the general public inside of City buildings
without permission from a City employee or agent, and
(2) Remaining inside of or on the curtilage of a City building without a purpose related to
conducting business, accessing services, or contacting an occupant on the premises.
D. Citation. No person shall be arrested or cited under this section unless the person engages in conduct
prohibited by this section after having been notified by a City official that he or she is in violation of the
prohibition in this section.
E. Penalty. Notwithstanding the provisions of Section 13.36.100, violation of this section shall be either an
infraction or a misdemeanor, in the discretion of the prosecutor, and upon conviction shall be punishable as
set forth in Chapter 1.20 of this code. (Ord. 6486-NS § 1, 1999)
14
Attachment 2
SETTING UP A RECYCLING PROGRAM
A. Recycling and Composting Guidelines
1. All occupants in City-owned facilities must participate in recycling services provided by the City
or provide an acceptable alternative for approval of City’s Recycling Supervisor.
a. Assign someone to be in charge of your recycling program, and communicate needs and
questions to the City’s Solid Waste Management Division.
b. Recycle corrugated cardboard, office papers and beverage containers (glass bottles,
plastic bottles and cans).
c. Place collection containers at convenient locations for licensee and employees including
at desk sides and copy rooms, and containers for bottles/cans. See Section B below.
d.
e. Educate employees about recycling procedures.
f. Cooperate fully to make recyclables available for collection.
g. Recycle batteries and office equipment (contact City’s Solid Waste Management
Division for information about vendors).
2. Cafeterias and commercial kitchens may participate in the City’s organics recycling program, with
approval of refuse supervisor. The City will provide containers and training.
3. Licensee shall recycle construction waste from any licensee improvements.
4. The City shall provide the following services at standard rates:
a. Curbside collection service (cart) or on site for bins.
b. Containers for desk side, copy room and storage.
c. Assistance designing your recycling program.
d. Training and instructive posters.
5. Standard Rates:
a. There is no charge for recycling services for bottles/cans, papers and cardboard.
b. Organics collection is charged at 80% of equivalent refuse service.
B. Recycling happens in four phases:
1. Convenient separation where it’s first generated:
a. Container next to each desk to hold office paper and trash.
b. Container by each copy machine. This container should be at least 13 gallons and can
double as the central container for the office.
c. Container for bottles/cans in the break room.
2. Move small amounts to a central collection container:
a. Employees usually empty their desk side containers into a larger central container. Often
this doubles as the copy-room container.
b. Employees put their bottles/cans into a container in the break room.
3. Licensee is responsible to transfer the paper to the licensee’s storage location, and setting storage
containers by the curbside by 7:00 a.m. on collection day and bringing them back to the storage
area as soon as possible after they are emptied.
4. The City will pick up recycling materials on the regular collection day.
15
Attachment 3
Office of the City Manager
MEMORANDUM
January 11, 2001
TO: All Staff
FROM: Weldon Rucker, Acting City Manager
RE: MUNICIPAL ELECTRIC LOAD CURTAILMENT
As you are aware, California’s electric system is in a fragile condition. In order to prevent rolling blackouts, the
City shall curtail municipal electric loads as described below. Since this problem is likely to persist, these
procedures shall remain in effect until further notice.
The California Independent System Operator (ISO) issues alerts when power supply margins are too low. A Stage II
emergency seeks voluntary load curtailment. A Stage III Emergency orders utilities to institute rolling black outs.
At all times, regardless of the ISO Emergency status, the procedures below shall be followed.
1) Site Safety Coordinators shall:
a) ensure that non-essential equipment including copiers, printers, computers, lights, space heaters, air
conditioners, fans and air compressors are turned off at the end of the day;
b) ensure that Energy Saver features are enabled on all office equipment (copiers, printers, PCs, faxes);
c) minimize use of incandescent lighting (call the Energy Office to replace incandescent desk lamps with
fluorescents); and,
d) be familiar with Stage II procedures.
2) No new incandescent (including halogen and quartz) floor or desk lamps may be purchased.
3) Information Systems shall set Energy Star features on all new installs and service calls.
4) Public Works Facilities Management shall review and correct settings on all setback thermostats (Operating
hours: heat = 68 degrees; cooling = 74 degrees. Non-operating hours: heat = 55 degrees; cooling 90 = degrees).
5) Parks and Waterfront and Health and Human Services shall prepare a plan to notify ball field users of closures.
During Stage II Emergencies, the procedures below shall be followed:
1) Public Works and the Communications Center shall notify each other and Information Systems of the Stage II
notice.
2) Information Systems shall send an email to Everyone (that includes excerpts from this document).
3) Site Safety Coordinators shall:
a) Disconnect electric vehicles from chargers;
b) Ensure all procedures above are implemented;
c) Turn off all non-essential air compressors;
d) Turn off all space heaters, window box air conditioners and fans;
e) Turn off all unused office equipment;
f) Turn off all unnecessary overhead lighting; use fluorescent task lighting and daylight; and,
g) Reset thermostats to 78 degrees for cooling and to turn off ventilation equipment when heating/cooling
element is not on.
4) Health and Human Services and Parks and Waterfront shall notify ball field users of the emergency and shall
turn off ball field lighting.
5) Parks and Waterfront shall turn off ball court lighting.
For more information, please contact Neal De Snoo of the Energy Office at 981-5434.
16
Attachment 3
RESOLUTION NO. –N.S.
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT
AND ANY AMENDMENTS WITH THE BERKELEY PLACE LOCATED AT 1931
CENTER STREET FOR THE OPERATION OF HEARING IMPAIRED SERVICES
WHEREAS, the Berkeley Place provides information and referral and other client
services to the hearing impaired; and
WHEREAS, the Berkeley Place has been providing services at 1931 Center Street since
1997; and
WHEREAS, the Berkeley Place provides valuable and needed services to the community;
and
WHEREAS, the Berkeley Place requires a location to continue to provide its services to
the public.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the
City manager is authorized to execute a license agreement and any amendments with
Berkeley Place in a form that is substantially similar to that attached to this resolution.
Attachment 3 – Exhibit A
LICENSE AGREEMENT
This AGREEMENT is entered into on _____________ by and between the CITY OF
BERKELEY, a Charter City organized and existing under the laws of the State of
California (“City”) and BERKELEY PLACE (“Licensee”), a _________________, who
agree as follows.
1. LICENSE
a. Subject to all the terms and conditions herein, City hereby grants Licensee use of that portion of the
City’s property at 1931 Center Street in Berkeley, County of Alameda, State of California (“the Property”)
shown on Exhibit A, attached hereto and made a part hereof. This License is not a lease; Licensee does not
by this License obtain an exclusive right, against the City or the public, to any part of the Property.
b. This License is granted for the purpose of ___________________________________.
2. TERM
This License shall take effect once executed by Licensee and approved by the Berkeley City Council (the
“effective date”). It shall remain in effect on a month-to-month basis, starting with the effective date,
subject to the following:
Either party may terminate this License for any reason within thirty (30) days prior written notice to
the other party. Either party may terminate this License for default upon fifteen (15) days’ written notice to
the other if the other party has substantially failed to fulfill any of its obligations under this License in a
timely manner.
3. LICENSE FEE
a. In consideration for the rights conveyed by this License, Licensee shall pay the City $________ per
year, which shall be due and payable on upon execution of this agreement, as specified in Exhibit B.
4. NOTICES
A written notice shall be deemed served upon mailing said notice to the other party and depositing the same
with the U.S. Post Office, first class mail, with postage paid.
For purposes of this License, all notices to the City shall be addressed to:
Hallie Llamas, Real Property Manager
Public Works Department
1947 Center Street, 4th Flr.
Berkeley, CA 94704
For purposes of this License, all notices to Licensee shall be addressed to:
____________________________
____________________________
____________________________
5. GENERAL - OCCUPANCY RULES AND REGULATIONS
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a. City may waive any one or more of the occupancy rules or regulations contained in this agreement
for the benefit of any particular licensee or licensees, but no waiver by City will be construed as a waiver of
those rules and regulations in favor of any other licensee, nor prevent City from enforcing any of those rules
and regulations against any or all of the licensees of 1931 Center Street. Any waiver of rules and regulations
by City shall be in writing.
b. City reserves the right at any time to change or rescind any one or more of the rules and regulations
or to make any additional reasonable rules and regulations that, in City’s judgment, may be necessary for:
i) management, safety, care, and cleanliness of the premises, building and real property;
ii) preservation of good order; and
iii) convenience of other occupants and licensees in the premises, building and real property.
6. HEALTH, SAFETY AND ACCESSIBILITY (applicable to licensees described below)
Berkeley Opportunities for Self-Sufficiency (BOSS)/Multi-Agency Service Center (MASC),
Berkeley Food Housing Project (BFHP) and Dorothy Day Housing (DDH) shall make all reasonable efforts
to comply with the Alameda County-wide Homeless Continuum of Care Health, Safety and Accessibility
Standards for Shelter Facilities in Alameda County.
7. MAINTENANCE AND ALTERATIONS
a. Licensee shall maintain the Property used pursuant to this License in good order and repair and
reasonably free and clean of all debris, trash and rubble. Upon termination of this License, Licensee shall, at
its own cost, remove any equipment or materials installed by Licensee and shall surrender the Property to
City in the same condition as at the commencement of this License with the exception of reasonable wear
and tear. Licensee shall reimburse the City for any expenses incurred by the City for any damage to the
Property resulting from this License.
b. Licensee shall not construct or place any facilities on the Property, or install any equipment on the
Property, or make any alterations or improvements to the Property, without the City’s prior written consent.
c. Licensee shall be responsible for any and all janitorial services required on the premises. The City
shall provide janitorial services for the common areas.
d. Licensee shall be responsible for the payment of all utilities, including water, gas, electricity,
trash collection/maintenance and other services delivered to the premises. In the case of electricity, gas,
water and sewer utilities and building maintenance, these services will be provided by the City and Licensee
shall pay the City a fee as provided in Section 3 above. Licensee shall be directly responsible for paying fees
for other services.
e. No sign, placard, picture, name, advertisement, or notice visible from the exterior of the
premises will be inscribed, painted, affixed, or otherwise displayed by licensee on any part of 1931 Center
Street without the prior written consent of the City. Material visible outside the building will not be
permitted.
f. Licensee shall assume all responsibility for protecting the premises from theft, robbery,
pilferage, vandalism, damage, or waste, including keeping doors locked and other means of entry to the
premises closed and turning off all water faucets, water apparatus, and utilities.
g. Licensee shall conduct business in a manner that will not cause damage to the building or property
including but not limited to (i.e., not overloading the circuits, inappropriate use of extension cords, exceeding
maximum weight on stage and any other floor area, etc.)
8. SECURITY
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a. Pursuant to BMC Section 13.36.065, Licensee shall comply with security rules for City buildings.
The City Manager’s building security rules are designed to maintain the safety of City employees and
patrons, facilitate the City’s ability to do government business and provide services, and prevent damage to
City facilities. (See Attachment 1.)
b. Access keys to licensee’s space shall be provided by Public Works Maintenance only and
no keys shall be duplicated without consent of the City of Berkeley Public Works Maintenance Division.
Licensee may not change any locks. The City will have access to all space in the building in the event of an
emergency.
c. Courtyard: BOSS/MASC, Options Recovery Services and BFHP will share responsibility for
responding appropriately when unsafe behavior by clients on the premises threatens the safety of the building
or the general public. BFHP staff will perform this role in the courtyard from 5 p.m. to 7 a.m. nightly. BFHP
staff will ensure courtyard gate is locked nightly at 7 p.m. BOSS/MASC staff will patrol the courtyard jointly
with Options Recovery Services from 8 a.m. to 4 p.m. Staff shall patrol the courtyard jointly on a regular
basis and keep a log of activity. Options Recovery Services will patrol the courtyard from 4 p.m. to 5 p.m.
daily.
Courtyard Schedule:
7 p.m. – Lock Gate – Berkeley Food and Housing Project
5 p.m. to 7 a.m. – Berkeley Food and Housing Project
8 a.m. to 4 p.m. – Joint Patrol MASC/Options
4 p.m. to 5 p.m. – Options Recovery Services
d. Holiday Coverage: When MASC is closed for holidays and when Options Recovery Services is
open, Options staff will be responsible for the courtyard, front steps, and parking lot security.
e. Front Steps: BOSS/MASC and Options staff will ensure security of the front steps jointly daily and
keep an activity log. BFHP staff will be responsible for front steps at night from inside the building.
9. JANITORIAL TO BE PROVIDED BY LICENSEES
a. Bathrooms:
i. BOSS/MASC will stock basement bathrooms in the morning, and clean them at closing time
each day.
ii. BFHP will stock basement bathrooms in the evening and clean in the mornings.
iii. BOSS/MASC/BFHP will organize and jointly pay for a deep cleaning service of the men’s
bathroom on a regular basis at least twelve times per year.
iv. Options will clean the front hallway and first floor restrooms for both men and women on a
daily basis.
b. Courtyard:
i. BOSS/MASC will clean courtyard in the late afternoon daily.
ii. BFHP will clean courtyard in the morning daily. .
c. Other:
BFHP and BOSS/MASC will share the cost and organize jointly waxing all floors and cleaning
all carpeting on an annual basis.
10. USE OF KITCHEN FACILITY
a. Use of the kitchen will be shared between BOSS/MASC, BFHP, and Dorothy Day House
(DDH) and all three agencies will have keys to the kitchen. Hours of use are as follows: Dorothy Day
House: Monday through Sunday: 5 a.m. to 11 a.m. and 5:30 p.m. to 8:00 p.m. Any DDH volunteers must be
under supervision by a team leader.
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b. A list of authorized personnel from DDH will be submitted to BOSS/MASC and BFHP. DDH team
leaders will have access to the kitchen from 11 a.m. until 5:30 p.m. in order to clean and receive deliveries;
all DDH personnel will check in with BOSS/MASC and BFHP staff prior to using the kitchen during this
period.
i. BOSS/MASC: Staff shall use kitchen as needed under the supervision of the Program Manager.
ii. BFHP: Staff shall use kitchen as needed under the supervision of the Program Manager.
11. NO SMOKING
a. Pursuant to Berkeley Municipal Code (BMC) Ch. 12.70, no smoking is allowed in public places.
This includes, but is not limited to within 20 feet of any entrance, exit or air intake vent to 1931 Center
Street, except while passing on the way to another destination.
b. No smoking is allowed in the parking lot or courtyard at 1931 Center Street.
12. ENVIRONMENTAL
a. Licensee shall follow all environmental rules and regulations as they apply to City agencies.
Specifically, licensee shall minimize waste and recycle and compost, as per Recycling and Composting
Guidelines for City Buildings. Guidelines for creating a recycling program are attached as Attachment 2.
Licensee must participate in a recycling service provided by the City or provide an acceptable alternative
with the approval of the City’s Recycling Supervisor. To that end, Licensee shall:
Assign someone to be in charge of its recycling program, and to communicate needs and
questions to the City’s Solid Waste Management Division.
i. Recycle corrugated cardboard, office papers and beverage containers (glass
bottles, plastic bottles and cans).
ii. Place collection containers for paper at desk sides and copy rooms, and break
rooms. (See Attachment 2 for details.)
iii. Provide a location for custodians to pick up flattened empty cardboard boxes. A
central paper container is acceptable.
iv. Educate employees and new employees about recycling procedures.
v. Cooperate with the custodial service to make recyclables available for collection.
vi. Recycle batteries and office equipment (contact the City’s Solid Waste
Management Division for information about vendors).
vii. Cafeterias and commercial kitchens may participate in the City’s organics
recycling program, with the approval of the City’s Solid Waste Supervisor. City
provides containers and training.
viii. Licensee shall recycle construction waste from tenant improvements.
ix. Licensee shall conserve energy as specified in the City Manager’s January 11,
2001 memorandum as shown in Attachment 3.
13. ACCESS TO PROPERTY; TAXES, ASSESSMENTS, AND OTHER CHARGES
a. City, including its agents and employees, reserves the right to enter the Property and make any
improvements thereon at reasonable times, provided such entry does not cause unreasonable interference
with Licensee’s activities.
b. Licensee shall pay all personal property taxes levied on account of personal property owned by
Licensee on the Property, and pay any in-lieu, possessory interest, or use taxes imposed by reason of
Licensee’s use or occupancy of the Property.
14. ASSIGNMENT AND SUBLICENSING PROHIBITED
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This License is personal to Licensee. Notwithstanding references to assignees and/or sublicensees
elsewhere in this License, if any, Licensee may not assign or sublicense this License in whole or in part
without the prior written consent of the City, and any attempt to assign or sublicense this License shall
terminate it.
15. INDEMNIFICATION
a. Licensee shall indemnify, defend and hold City, its officers, agents, volunteers and employees
harmless from: 1) all claims of liability for any damage to property or injury or death to any person occurring
in, on, or about the Property; 2) all claims of liability arising out of or in any way connected with Licensee’s
operations under this License, or any act or omission by Licensee, its officers, partners, directors, employees,
agents, contractors, subcontractors or invitees; and 3) all damages, liability, fines, penalties, and any other
consequences arising from any noncompliance or violation of any laws, ordinances, codes, or regulations,
including but not limited to the Occupational Safety and Health Act of 1979 and the Americans with
Disabilities Act of 1990. Except, however, that City shall hold Licensee harmless from all claims of liability
for damage resulting from the negligent or wrongful acts or omissions of City or its authorized
representatives.
b. Neither Licensee nor its assignees, heirs, guardians, and legal representatives shall make a
claim against or sue City or its employees, agents or contractors for injury or damage resulting from the
negligence, whether active or passive, or other acts, however caused, by any employee, agent, or
contractor of the City as a result of Licensee’s presence on the Property. Licensee hereby acknowledges
that the Property specifically and 1931 Center Street generally requires certain structural or code upgrades
and accepts the condition of the premises “as is.”
c. LICENSEE ACKNOWLEDGES THAT 1931 CENTER STREET HAS BEEN DEEMED TO
BE UNSAFE AND SUBJECT TO SEVERE DAMAGE DURING ANY MAJOR EARTHQUAKE.
LICENSEE OCCUPIES THE BUILDING AT ITS OWN RISK. LICENSEE HEREBY RELEASES
AND DISCHARGES THE CITY OF BERKELEY AND ITS EMPLOYEES, AGENTS,
CONTRACTORS FROM ALL ACTIONS, CLAIMS OR DEMANDS THAT LICENSEE, ITS HEIRS,
GUARDIANS, AND LEGAL RPERESENTATIVES NOW HAVE OR MAY HAVE IN THE FUTURE
FOR INJURY OR DAMAGE RESULTING FROM AN EARTHQUAKE.
16. INSURANCE
a. Licensee at its cost shall maintain commercial general liability and property damage insurance
with a single combined liability limit of $2,000,000.00 per occurrence insuring against all liability of
Licensee and its authorized representatives arising out of and in connection with Licensee’s use or
occupancy of the Property. All such insurance shall insure performance by Licensee of the preceding
indemnity provisions. All insurance shall name the City, its officers, agents, volunteers and employees as
additional insureds and shall provide primary coverage with respect to the City.
b. If the insurance referred to above is written on a Claims Made Form, then following termination
of this License, coverage shall survive for a period of not less than five years. Coverage shall also
provide for a retroactive date of placement coinciding with the effective date of this License.
c. Licensee at its cost shall maintain on all its personal property, Licensee’s improvements, and
alterations, in, on, or about the Property, a policy of standard fire and extended coverage insurance, with
vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the
proceeds from any such policy shall be used by Licensee for the replacement of personal property or the
restoration of Licensee’s improvements or alterations.
d. If Licensee employs any person, it shall carry workers’ compensation and employer’s liability
insurance and shall provide a certificate of insurance to the City. The workers’ compensation insurance
shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and
conditions of said insurance except upon thirty (30) days prior written notice to the City; provide for a
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waiver of any right of subrogation against City to the extent permitted by law; and be approved as to form
and sufficiency by the City’s Risk Manager.
e. Licensee shall forward all insurance documents to Hallie Llamas, Real Property
Manager, 1947 Center Street, 4th Flr., Berkeley, California, 94704.
17. CONFORMITY WITH LAW
a. Licensee shall observe and comply with all applicable laws. Licensee shall release, defend,
indemnify and hold harmless City, its officers, agents, volunteers and employees from any and all
damages, liability, fines, penalties and consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
b. If a death, serious personal injury or substantial property damage occurs in connection with the
performance of this License, Licensee shall immediately notify the City’s Risk Manager by telephone. If
any accident occurs in connection with this License, Licensee shall promptly submit a written report to
City, in such form as the City may require. This report shall include the following information: 1) name
and address of the injured or deceased person(s); 2) name and address of Licensee’s sub licensee, if any;
3) name and address of Licensee’s liability insurance carrier; and 4) a detailed description of the accident,
including whether any of City’s equipment, tools or materials were involved.
c. If a release of hazardous materials or hazardous waste occurs in connection with the
performance of this License, Licensee shall immediately notify the Berkeley Police Department and the
City’s Emergency and Toxics Management office.
d. Licensee shall not store hazardous materials or hazardous waste within the City of Berkeley
without a proper permit from the City.
18. INDEPENDENT CAPACITY
For purposes of this License, and for the duration of this License, Licensee, including its agents and
employees, shall be, and is, an independent contractor and not an agent or employee of the City. Licensee
has and shall retain the right to exercise full control and supervision of the services, and full control over
the employment, direction, compensation and discharge of all persons assisting Licensee in the
performance of this License. Licensee shall be solely responsible for all matters relating to the payment
of its employees, including compliance with Social Security, withholding, and all other regulations
governing such matters, and shall be solely responsible for its own acts and those of its agents and
employees.
19. CITY NON-DISCRIMINATION ORDINANCE
Licensee hereby agrees to comply with the provisions of Berkeley Municipal Code (“BMC”) Chapter
13.26 as amended from time to time. In the performance of this License, Licensee agrees as follows:
a. Licensee shall not discriminate against any employee or applicant for employment because of race,
color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual
orientation or AIDS.
b. Licensee shall permit the City access to records of employment, employment advertisements,
application forms, EEO-1 forms, affirmative action plans and any other documents which, in the opinion
of the City, are necessary to monitor compliance with this non-discrimination provision. In addition,
Licensee shall fill out, in a timely fashion, forms supplied by the City to monitor this non-discrimination
provision.
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20. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
a. If Licensee provides any aid, service or benefit to others on the City’s behalf, Licensee shall, in
the provision of such aid, service or benefit, observe and comply with all applicable provisions of Title II
of the Americans with Disabilities Act of 1990 and any amendments thereto. Licensee shall further
observe and comply with all applicable federal, state, municipal and local laws, ordinances, codes and
regulations prohibiting discrimination against individuals with disabilities and shall ensure that
individuals with disabilities are not excluded from participating in or receiving benefits, services or
activities of the City.
b. If Licensee is or becomes a "public accommodation" as defined in Title III of the Americans
with Disabilities Act of 1990, Licensee shall observe and comply with all applicable provisions of the Act
and any amendments thereto, and all applicable federal, state, municipal and local laws, ordinances, codes
and regulations prohibiting discrimination on the basis of disability in the full and equal enjoyment of
goods, services, facilities, privileges, advantages, or accommodations offered by the Licensee. All of
Licensee’s activities must be in accordance with these laws, ordinances, codes, and regulations, and
Licensee shall be solely responsible for complying therewith.
21. OPPRESSIVE STATES
a. In accordance with Resolution No. 59,853-N.S., Licensee certifies that it has no contractual
relations with, and agrees during the term of this License to forego contractual relations to provide
personal services to or to purchase, sell, lease or distribute commodities in the conduct of business with,
the following entities:
i) The governing regime in any Oppressive State.
ii) Any business or corporation organized under the authority of the governing
regime of any Oppressive State.
iii) Any individual, firm, partnership, corporation, association, or any other
commercial organization, and including parent-entities and wholly-owned
subsidiaries (to the extent that their operations are related to the purpose of its
contract with the City), for the express purpose of assisting in business operations
or trading with any public or private entity located in any Oppressive State.
b. For purposes of this License, the Tibet Autonomous Region and the provinces of Ado, Kham,
and U-Tsang shall be deemed oppressive states.
c. Licensee’s failure to comply with this section shall constitute a default of this License and City
may terminate this License pursuant to Section 2. In the event that the City terminates this License due to
a default under this provision, City may deem Licensee a non-responsible bidder for five (5) years from
the date of termination.
22. LIVING WAGE ORDINANCE
a. Licensee agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living
Wage Ordinance. If Licensee employs six (6) or more part-time, full-time or stipend employees, and
generates $350,000 or more in annual gross receipts, Licensee will be required to provide all eligible
employees with City mandated minimum compensation during the term of this License, as defined in
B.M.C. Chapter 13.27, and well as comply with the terms enumerated herein.
b. Licensee shall be required to maintain all reasonable records and documents that would
establish whether Licensee is subject to Berkeley’s Living Wage Ordinance (LWO). If Licensee is
subject to the LWO, as defined therein, Licensee shall be further required to maintain monthly records of
those employees located on the Property. These records shall include the total number of hours worked,
the number of hours spent providing service on the Property, the hourly rate paid, and the amount paid by
Licensee for health benefits, if any, for each of its employees providing services under the License. The
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records described in this Section shall be made available upon the City’s request. The failure to produce
these records upon demand shall be considered grounds for termination of this License in accordance with
section 2 of this License.
c. If Licensee is subject to the LWO, Licensee shall include the requirements of the ordinance, as
defined in B.M.C. Chapter 13.27, in any and all sublicense agreements in which Licensee enters with
regard to the Property. Sub licensees shall be required to comply with this ordinance with regard to any
employees who spend 25% or more of their compensated time on the Property.
d. If Licensee fails to comply with the requirements of the LWO and this License, the City shall
have the rights and remedies described in this Section, in addition to any rights and remedies provided by
law or equity.
Licensee’s failure to comply with this Section shall be considered grounds for termination of this License
in accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount
of $50 per employee per day for each and every instance of an underpayment to an employee. It is
mutually understood and agreed that Licensee’s failure to pay any of its eligible employees at least the
applicable living wage rate will result in damages being sustained by the City; that the nature and amount
of the damages will be extremely difficult and impractical to fix; that the liquidated damages set forth
herein is the nearest and most exact measure of damage for such breach that can be fixed at this time; and
that the liquidated damage amount is not intended as a penalty of forfeiture for Licensee’s breach.
23. BERKELEY EQUAL BENEFITS ORDINANCE
a. Licensee hereby agrees to comply with the provisions of the Berkeley Equal Benefits
Ordinance, B.M.C. Chapter 13.29. If Licensee generates $350,000 or more in annual gross receipts,
Licensee will be required to provide all eligible employees with City mandated equal benefits during the
term of this License, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated
herein.
b. If Licensee is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Licensee
agrees to supply the City with any records the City deems necessary to determine compliance with this
provision. Failure to do so shall be considered grounds for termination of this License in accordance with
section 2 of this License.
c. If Licensee fails to comply with the requirements of this Section, City shall have the rights and
remedies described in this Section, in addition to any rights and remedies provided by law or equity.
Licensee’s failure to comply with this Section shall constitute grounds for termination of this License in
accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount
of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually
understood and agreed that Licensee’s failure to provide its employees with equal benefits will result in
damages being sustained by City; that the nature and amount of these damages will be extremely difficult
and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure
of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not
intended as a penalty or forfeiture for Licensee’s breach.
24. CONFLICT OF INTEREST PROHIBITED
a. In accordance with Government Code section 1090, Berkeley City Charter section 36, and the
B.M.C. Chapter 3.64, neither Licensee nor any employee, officer, director, partner or member of
Licensee, or immediate family member of any of the preceding, shall have served as an elected officer, an
8
employee, or a City board, committee or commission member, who has directly or indirectly influenced
the making of this License.
b. In accordance with Government Code section 1090 and the Political Reform Act, Government
Code section 87100 et seq., no person who is a director, officer, partner, trustee, employee or consultant
of the Licensee, or immediate family member of any of the preceding, shall make or participate in a
decision made by the City or a City board, commission or committee, if it is reasonably foreseeable that
the decision will have a material effect on any source of income, investment or interest in real property of
that person or Licensee.
c. Interpretation of this section shall be governed by the definitions and provisions used in the
Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals and
codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64.
25. NUCLEAR FREE BERKELEY
Licensee agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act.
26. RECYCLED PAPER FOR WRITTEN REPORTS
If Licensee is required by this License to prepare a written report or study, Licensee shall use recycled
paper for said report or study when such paper is available at a cost of not more than ten percent (10%)
more than the cost of virgin paper, and when such paper is available at the time it is needed. For the
purposes of this License, recycled paper is paper that contains at least fifty percent (50%) recycled
product. If recycled paper is not available, Licensee shall use white paper. Written reports or studies
prepared under this License shall be printed on both sides of the page whenever practical.
27. PESTICIDES; EFFECT ON SUCCESSORS AND ASSIGNS; RISK OF LOSS
a. All use of pesticides on the premises shall be in compliance with the City of Berkeley’s Pesticide
Use Policy as it exists at the time of such use.
b. This License shall be binding on and inure to the benefit of the heirs, executors, administrators,
successors, and assigns of the parties hereto.
c. Licensee bears all risk of loss under this License.
28. AUDIT
The City Auditor’s Office, or its designee, may conduct at any time an audit of Licensee’s financial and
compliance records maintained in connection with the operations and services performed under this
License, and with the payments made under this License. In the event of such audit, Licensee agrees to
make all such financial and compliance records available to the Auditor’s Office, or its designee. City
agrees to provide Licensee an opportunity to discuss and respond to any findings before a final audit
report is filed.
29. SETOFF AGAINST DEBTS
Licensee agrees that City may deduct from any payments due to Licensee under this License any amounts
due to the City, and any monies that Licensee owes City under any ordinance, agreement or resolution for
any unpaid taxes, fees, licenses, unpaid checks or other amounts.
30. GOVERNING LAW; AMENDMENTS
a. The laws of the State of California shall govern this License.
b. The term of this License shall not be altered or otherwise modified except by a written amendment
to this License executed by City and Licensee.
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31. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER
Licensee has obtained a City business license as required by B.M.C. Chapter 9.04, and its license number
is written below; or, Licensee is exempt from the provisions of B.M.C. Chapter 9.04 and has written
below the specific B.M.C. section under which it is exempt. Licensee shall pay all state and federal
income taxes and any other taxes due. Licensee certifies under penalty of perjury that the taxpayer
identification number written below is correct.
32. SEVERABILITY; WAIVER
a. If any part of this License or the application thereof is declared invalid for any reason, such
invalidity shall not affect the other terms of this License which can be given effect without the
invalid provision or application, and to this end the provisions of this License are declared to be
severable.
b. Failure of City to insist on strict performance shall not constitute a waiver of any of the provisions
of this License or a waiver of any other default of Licensee.
33. ENTIRE AGREEMENT
a. The terms and conditions of this License, all exhibits attached and any documents expressly
incorporated by reference represent the entire agreement between the parties with respect to the subject
matter of this License. This License shall supersede any and all prior agreements, oral or written,
regarding the subject matter between City and Licensee. No other agreement, statement, or promise
relating to the subject matter of this License shall be valid or binding except by a written amendment to
this License.
b. If any conflicts arise between the terms and conditions of this License and the terms and
conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of
this License shall control.
IN WITNESS WHEREOF, City and Licensee have executed this License as of the date
written on the first paragraph of this License.
CITY OF BERKELEY
By ___________________________
CITY MANAGER
Registered by: Approved as to form:
____________________________
CITY AUDITOR CITY ATTORNEY
Attest:
________________________
CITY CLERK
_________________________________
By: ______________________________
Its: ______________________________
Tax Identification No. .
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Berkeley Business License No. ______________
Incorporated: Yes No
Certified Woman Business Enterprise: Yes No
Certified Minority Business Enterprise: Yes No
If yes, state ethnicity: ______________________
Certified Disadvantaged Business Enterprise: Yes No
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EXHIBIT A
Premises are shown in the diagram below, and generally are described as a single-room office on the first
floor, formerly the coat room to the east Lodge Room.
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EXHIBIT B
PAYMENT
1) Payments shall be due and payable upon execution of the agreement and the check made payable to
the “City of Berkeley.” Payments shall be paid at Finance Department Customer Service Center at
1947 Center Street, 1st Floor, Berkeley, CA 94704
2) Failure to make full payments on time is grounds for termination of this License by the City.
3) The license fee shall be $100.00 per year.
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Attachment 1
SECURITY RULES FOR CITY BUILDINGS
Interior Rules/Signage
1. No member of the public may enter an interior area of a City building once a City employee advises
that the area is closed to the public.
2. No member of the public may enter an interior area of a City building that is signed in any manner
that suggests that the public should not enter, unless given permission to enter by a City employee.
Such signs include, but are not limited to: “Reception Area – Please Check In,” “Private,” and
“Employees Only”
3. A member of the public may remain in the lobby, hallways, waiting areas, or similar public areas
inside a City building only as long as necessary to conduct City-related business or contact an
employee. Members of the public may not wait in a City building for a City employee indefinitely,
and may be asked to return at another time when the employee is expected to be in the office. When
signage is not practical: use verbal warnings.
4. Bathrooms in City buildings shall not be used for bathing or washing clothes, unless the bathroom is
equipped for such uses and the person is authorized to use the bathroom for such purposes.
Acceptable Signage, But Only If The Problem Is Recurring: “No Bathing Allowed” or “No Bathing
Or Washing Laundry Allowed”
5. In City buildings, no member of the public may:
a. Yell, threaten, or use profanity or rude, insulting language against City staff, e.g., calling the
City staff member a “bastard” or an “idiot” in an attempt to intimidate the staff member into
doing something that the staff member cannot do;
b. Disturb or annoy anyone with loud or unreasonable noise;
c. Insist that City staff provide a service, explanation or document that City staff has made clear
cannot be provided at that time;
d. Insist on meeting with a City staff member or supervisor after being told that the person is
either not available or will not meet with the person;
e. Conduct oneself in a manner that obstructs or intimidates City staff or patrons;
f. Block City entrances, ramps, or exits;
g. Enter a City building with animals other than service animals authorized by law;
h. Ride bikes, skates, scooters, Segways, skateboards, and other devices designed to enhance
mobility but not intended for indoor use;
i. Smoke, eat, or drink, except where expressly permitted;
j. Lie on the floor or sleep; or
k. Exude extremely offensive odors
Exterior Rules/Signage
1. No member of the public may remain on the exterior steps or exterior grounds1 of City buildings,
unless the person is there to conduct City-related business or contact an employee.
1 “Exterior grounds” means the area between the outer building façade and the property line. Exterior
grounds can include an off-street parking lot. However, a public sidewalk is not part of the exterior grounds.
(BMC § 13.36.065(B).) Also, if the City only leases a portion of a building, this rule still applies to the entire
“exterior grounds.” (BMC § 13.36.065(B).)
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Acceptable Signage: “No Sitting On Steps – BMC 13.36.065” and/or “Building Steps And Grounds For City
Business Only – BMC 13.36.065.”2 (See following text of BMC 13.36)
2 Due to technical legal problems, do not use the words “no loitering” in any sign. Rather, use the
recommended language.
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Chapter 13.36 DISORDERLY CONDUCT*
Section 13.36.065 Violating building security rules for City buildings.
A. Purpose. The purpose of this section is to enable the City Manager to establish building security rules
for buildings that the City of Berkeley owns or leases for City government business or services. The
City Manager’s building security rules will be designed to maintain the safety of City employees and
patrons, facilitate the City’s ability to do government business and provide services, and prevent
damage to City facilities. The City Manager’s building security rules may apply to all City buildings,
as defined in this section, or only to specific City buildings, depending on the security needs at each
site.
B. Definitions. “City building” as used in this section means any building that the City of Berkeley
owns or leases for the purpose of conducting City government business or providing City services. If
only a part of the interior of a building is leased by the City for City government business or services,
then “City building” shall apply to only that part of the interior of the building. In addition, if only a
part of the interior of a building is leased by the City for City government business or services, then
“City building” shall also include the entire exterior curtilage of the building, unless the building
owner or occupant authorizes the conduct prohibited by this section on the exterior curtilage.
“Curtilage” as used in this section means the exterior grounds of a building. “Curtilage” shall include
the steps and grounds that lie between the outer facade of the building and either (1) the public
sidewalk, (2) a formally dedicated public park, or (3) the adjacent private property. Curtilage does
not include the public sidewalk or a formally dedicated public park, but rather, ends there.
C. Prohibited Conduct. No person shall violate the City Manager’s building security rules governing
any City building. The City Manager’s building security rules shall promote safety for City
employees and patrons, facilitate the City’s ability to provide services, and/or help prevent damage to
City facilities. The City Manager’s building security rules shall include, but need not be limited to,
prohibiting persons from:
(1) Entering designated areas that are not open to the general public inside of City buildings
without permission from a City employee or agent, and
(2) Remaining inside of or on the curtilage of a City building without a purpose related to
conducting business, accessing services, or contacting an occupant on the premises.
D. Citation. No person shall be arrested or cited under this section unless the person engages in conduct
prohibited by this section after having been notified by a City official that he or she is in violation of
the prohibition in this section.
E. Penalty. Notwithstanding the provisions of Section 13.36.100, violation of this section shall be either
an infraction or a misdemeanor, in the discretion of the prosecutor, and upon conviction shall be
punishable as set forth in Chapter 1.20 of this code. (Ord. 6486-NS § 1, 1999)
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Attachment 2
SETTING UP A RECYCLING PROGRAM
A. Recycling and Composting Guidelines
1. All occupants in City-owned facilities must participate in recycling services provided by
the City or provide an acceptable alternative for approval of City’s Recycling Supervisor.
a. Assign someone to be in charge of your recycling program, and communicate
needs and questions to the City’s Solid Waste Management Division.
b. Recycle corrugated cardboard, office papers and beverage containers (glass
bottles, plastic bottles and cans).
c. Place collection containers at convenient locations for licensee and employees
including at desk sides and copy rooms, and containers for bottles/cans. See
Section B below.
d.
e. Educate employees about recycling procedures.
f. Cooperate fully to make recyclables available for collection.
g. Recycle batteries and office equipment (contact City’s Solid Waste Management
Division for information about vendors).
2. Cafeterias and commercial kitchens may participate in the City’s organics recycling
program, with approval of refuse supervisor. The City will provide containers and training.
3. Licensee shall recycle construction waste from any licensee improvements.
4. The City shall provide the following services at standard rates:
a. Curbside collection service (cart) or on site for bins.
b. Containers for desk side, copy room and storage.
c. Assistance designing your recycling program.
d. Training and instructive posters.
5. Standard Rates:
a. There is no charge for recycling services for bottles/cans, papers and cardboard.
b. Organics collection is charged at 80% of equivalent refuse service.
B. Recycling happens in four phases:
1. Convenient separation where it’s first generated:
a. Container next to each desk to hold office paper and trash.
b. Container by each copy machine. This container should be at least 13 gallons and
can double as the central container for the office.
c. Container for bottles/cans in the break room.
2. Move small amounts to a central collection container:
a. Employees usually empty their desk side containers into a larger central container.
Often this doubles as the copy-room container.
b. Employees put their bottles/cans into a container in the break room.
3. Licensee is responsible to transfer the paper to the licensee’s storage location, and setting
storage containers by the curbside by 7:00 a.m. on collection day and bringing them back
to the storage area as soon as possible after they are emptied.
4. The City will pick up recycling materials on the regular collection day.
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Attachment 3
Office of the City Manager
MEMORANDUM
January 11, 2001
TO: All Staff
FROM: Weldon Rucker, Acting City Manager
RE: MUNICIPAL ELECTRIC LOAD CURTAILMENT
As you are aware, California’s electric system is in a fragile condition. In order to prevent rolling blackouts,
the City shall curtail municipal electric loads as described below. Since this problem is likely to persist,
these procedures shall remain in effect until further notice.
The California Independent System Operator (ISO) issues alerts when power supply margins are too low. A
Stage II emergency seeks voluntary load curtailment. A Stage III Emergency orders utilities to institute
rolling black outs.
At all times, regardless of the ISO Emergency status, the procedures below shall be followed.
1) Site Safety Coordinators shall:
a) ensure that non-essential equipment including copiers, printers, computers, lights, space heaters, air
conditioners, fans and air compressors are turned off at the end of the day;
b) ensure that Energy Saver features are enabled on all office equipment (copiers, printers, PCs, faxes);
c) minimize use of incandescent lighting (call the Energy Office to replace incandescent desk lamps
with fluorescents); and,
d) be familiar with Stage II procedures.
2) No new incandescent (including halogen and quartz) floor or desk lamps may be purchased.
3) Information Systems shall set Energy Star features on all new installs and service calls.
4) Public Works Facilities Management shall review and correct settings on all setback thermostats
(Operating hours: heat = 68 degrees; cooling = 74 degrees. Non-operating hours: heat = 55 degrees;
cooling 90 = degrees).
5) Parks and Waterfront and Health and Human Services shall prepare a plan to notify ball field users of
closures.
During Stage II Emergencies, the procedures below shall be followed:
1) Public Works and the Communications Center shall notify each other and Information Systems of the
Stage II notice.
2) Information Systems shall send an email to Everyone (that includes excerpts from this document).
3) Site Safety Coordinators shall:
a) Disconnect electric vehicles from chargers;
b) Ensure all procedures above are implemented;
c) Turn off all non-essential air compressors;
d) Turn off all space heaters, window box air conditioners and fans;
e) Turn off all unused office equipment;
f) Turn off all unnecessary overhead lighting; use fluorescent task lighting and daylight; and,
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g) Reset thermostats to 78 degrees for cooling and to turn off ventilation equipment when
heating/cooling element is not on.
4) Health and Human Services and Parks and Waterfront shall notify ball field users of the emergency and
shall turn off ball field lighting.
5) Parks and Waterfront shall turn off ball court lighting.
For more information, please contact Neal De Snoo of the Energy Office at 981-5434.
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Attachment 4
RESOLUTION NO. –N.S.
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT
AND ANY AMENDMENTS WITH BUILDING OPPORTUNITIES FOR SELF-
SUFFICIENCY LOCATED AT 1931 CENTER STREET FOR THE OPERATION OF
THE MULTI-AGENCY SERVICE CENTER
WHEREAS, Building Opportunities for Self-Sufficiency operates the Multi-Agency
Services Center to increase the provision of daytime services for homeless people in the
City of Berkeley; and
WHEREAS, Building Opportunities for Self-Sufficiency has been providing services at
1931 Center Street since 1994; and
WHEREAS, Building Opportunities for Self-Sufficiency provides valuable and needed
services to the community; and
WHEREAS, Building Opportunities for Self-Sufficiency requires a location to continue
to provide its services to the public.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the
City manager is authorized to execute a license agreement and any amendments with
Building Opportunities for Self-Sufficiency in a form that is substantially similar to that
attached to this resolution.
Attachment 4 – Exhibit A
LICENSE AGREEMENT
This AGREEMENT is entered into on _____________ by and between the CITY OF
BERKELEY, a Charter City organized and existing under the laws of the State of
California (“City”) and BUILDING OPPORTUNITIES FOR SELF-SUFFICIENCY
(“Licensee”), a _________________, who agree as follows.
1. LICENSE
a. Subject to all the terms and conditions herein, City hereby grants Licensee use of that portion of
the City’s property at 1931 Center Street in Berkeley, County of Alameda, State of California (“the
Property”) shown on Exhibit A, attached hereto and made a part hereof. This License is not a lease;
Licensee does not by this License obtain an exclusive right, against the City or the public, to any part of the
Property.
b. This License is granted for the purpose of ___________________________________.
2. TERM
This License shall take effect once executed by Licensee and approved by the Berkeley City Council (the
“effective date”). It shall remain in effect on a month-to-month basis, starting with the effective date,
subject to the following:
Either party may terminate this License for any reason within thirty (30) days prior written notice
to the other party. Either party may terminate this License for default upon fifteen (15) days’ written notice
to the other if the other party has substantially failed to fulfill any of its obligations under this License in a
timely manner.
3. LICENSE FEE
a. In consideration for the rights conveyed by this License, Licensee shall pay the City $________
per year, which shall be due and payable on upon execution of this agreement, as specified in Exhibit B.
4. NOTICES
A written notice shall be deemed served upon mailing said notice to the other party and depositing the same
with the U.S. Post Office, first class mail, with postage paid.
For purposes of this License, all notices to the City shall be addressed to:
Hallie Llamas, Real Property Manager
Public Works Department
1947 Center Street, 4th Flr.
Berkeley, CA 94704
For purposes of this License, all notices to Licensee shall be addressed to:
____________________________
____________________________
____________________________
5. GENERAL - OCCUPANCY RULES AND REGULATIONS
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a. City may waive any one or more of the occupancy rules or regulations contained in this agreement
for the benefit of any particular licensee or licensees, but no waiver by City will be construed as a waiver of
those rules and regulations in favor of any other licensee, nor prevent City from enforcing any of those
rules and regulations against any or all of the licensees of 1931 Center Street. Any waiver of rules and
regulations by City shall be in writing.
b. City reserves the right at any time to change or rescind any one or more of the rules and
regulations or to make any additional reasonable rules and regulations that, in City’s judgment, may be
necessary for:
i) management, safety, care, and cleanliness of the premises, building and real property;
ii) preservation of good order; and
iii) convenience of other occupants and licensees in the premises, building and real property.
6. HEALTH, SAFETY AND ACCESSIBILITY (applicable to licensees described below)
Berkeley Opportunities for Self-Sufficiency (BOSS)/Multi-Agency Service Center (MASC),
Berkeley Food Housing Project (BFHP) and Dorothy Day Housing (DDH) shall make all reasonable efforts
to comply with the Alameda County-wide Homeless Continuum of Care Health, Safety and Accessibility
Standards for Shelter Facilities in Alameda County.
7. MAINTENANCE AND ALTERATIONS
a. Licensee shall maintain the Property used pursuant to this License in good order and repair and
reasonably free and clean of all debris, trash and rubble. Upon termination of this License, Licensee shall,
at its own cost, remove any equipment or materials installed by Licensee and shall surrender the Property to
City in the same condition as at the commencement of this License with the exception of reasonable wear
and tear. Licensee shall reimburse the City for any expenses incurred by the City for any damage to the
Property resulting from this License.
b. Licensee shall not construct or place any facilities on the Property, or install any equipment on the
Property, or make any alterations or improvements to the Property, without the City’s prior written consent.
c. Licensee shall be responsible for any and all janitorial services required on the premises. The City
shall provide janitorial services for the common areas.
d. Licensee shall be responsible for the payment of all utilities, including water, gas, electricity,
trash collection/maintenance and other services delivered to the premises. In the case of electricity, gas,
water and sewer utilities and building maintenance, these services will be provided by the City and
Licensee shall pay the City a fee as provided in Section 3 above. Licensee shall be directly responsible for
paying fees for other services.
e. No sign, placard, picture, name, advertisement, or notice visible from the exterior of the
premises will be inscribed, painted, affixed, or otherwise displayed by licensee on any part of 1931 Center
Street without the prior written consent of the City. Material visible outside the building will not be
permitted.
f. Licensee shall assume all responsibility for protecting the premises from theft, robbery,
pilferage, vandalism, damage, or waste, including keeping doors locked and other means of entry to the
premises closed and turning off all water faucets, water apparatus, and utilities.
g. Licensee shall conduct business in a manner that will not cause damage to the building or property
including but not limited to (i.e., not overloading the circuits, inappropriate use of extension cords,
exceeding maximum weight on stage and any other floor area, etc.)
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8. SECURITY
a. Pursuant to BMC Section 13.36.065, Licensee shall comply with security rules for City buildings.
The City Manager’s building security rules are designed to maintain the safety of City employees and
patrons, facilitate the City’s ability to do government business and provide services, and prevent damage to
City facilities. (See Attachment 1.)
b. Access keys to licensee’s space shall be provided by Public Works Maintenance only and
no keys shall be duplicated without consent of the City of Berkeley Public Works Maintenance Division.
Licensee may not change any locks. The City will have access to all space in the building in the event of
an emergency.
c. Courtyard: BOSS/MASC, Options Recovery Services and BFHP will share responsibility for
responding appropriately when unsafe behavior by clients on the premises threatens the safety of the
building or the general public. BFHP staff will perform this role in the courtyard from 5 p.m. to 7 a.m.
nightly. BFHP staff will ensure courtyard gate is locked nightly at 7 p.m. BOSS/MASC staff will patrol the
courtyard jointly with Options Recovery Services from 8 a.m. to 4 p.m. Staff shall patrol the courtyard
jointly on a regular basis and keep a log of activity. Options Recovery Services will patrol the courtyard
from 4 p.m. to 5 p.m. daily.
Courtyard Schedule:
7 p.m. – Lock Gate – Berkeley Food and Housing Project
5 p.m. to 7 a.m. – Berkeley Food and Housing Project
8 a.m. to 4 p.m. – Joint Patrol MASC/Options
4 p.m. to 5 p.m. – Options Recovery Services
d. Holiday Coverage: When MASC is closed for holidays and when Options Recovery Services is
open, Options staff will be responsible for the courtyard, front steps, and parking lot security.
e. Front Steps: BOSS/MASC and Options staff will ensure security of the front steps jointly daily
and keep an activity log. BFHP staff will be responsible for front steps at night from inside the building.
9. JANITORIAL TO BE PROVIDED BY LICENSEES
a. Bathrooms:
i. BOSS/MASC will stock basement bathrooms in the morning, and clean them at closing
time each day.
ii. BFHP will stock basement bathrooms in the evening and clean in the mornings.
iii. BOSS/MASC/BFHP will organize and jointly pay for a deep cleaning service of the men’s
bathroom on a regular basis at least twelve times per year.
iv. Options will clean the front hallway and first floor restrooms for both men and women on a
daily basis.
b. Courtyard:
i. BOSS/MASC will clean courtyard in the late afternoon daily.
ii. BFHP will clean courtyard in the morning daily. .
c. Other:
BFHP and BOSS/MASC will share the cost and organize jointly waxing all floors and
cleaning all carpeting on an annual basis.
10. USE OF KITCHEN FACILITY
a. Use of the kitchen will be shared between BOSS/MASC, BFHP, and Dorothy Day House
(DDH) and all three agencies will have keys to the kitchen. Hours of use are as follows: Dorothy Day
House: Monday through Sunday: 5 a.m. to 11 a.m. and 5:30 p.m. to 8:00 p.m. Any DDH volunteers must
3
be under supervision by a team leader.
b. A list of authorized personnel from DDH will be submitted to BOSS/MASC and BFHP. DDH
team leaders will have access to the kitchen from 11 a.m. until 5:30 p.m. in order to clean and receive
deliveries; all DDH personnel will check in with BOSS/MASC and BFHP staff prior to using the kitchen
during this period.
i. BOSS/MASC: Staff shall use kitchen as needed under the supervision of the Program
Manager.
ii. BFHP: Staff shall use kitchen as needed under the supervision of the Program Manager.
11. NO SMOKING
a. Pursuant to Berkeley Municipal Code (BMC) Ch. 12.70, no smoking is allowed in public places.
This includes, but is not limited to within 20 feet of any entrance, exit or air intake vent to 1931 Center
Street, except while passing on the way to another destination.
b. No smoking is allowed in the parking lot or courtyard at 1931 Center Street.
12. ENVIRONMENTAL
a. Licensee shall follow all environmental rules and regulations as they apply to City agencies.
Specifically, licensee shall minimize waste and recycle and compost, as per Recycling and Composting
Guidelines for City Buildings. Guidelines for creating a recycling program are attached as Attachment 2.
Licensee must participate in a recycling service provided by the City or provide an acceptable alternative
with the approval of the City’s Recycling Supervisor. To that end, Licensee shall:
Assign someone to be in charge of its recycling program, and to communicate needs and
questions to the City’s Solid Waste Management Division.
i. Recycle corrugated cardboard, office papers and beverage containers (glass
bottles, plastic bottles and cans).
ii. Place collection containers for paper at desk sides and copy rooms, and break
rooms. (See Attachment 2 for details.)
iii. Provide a location for custodians to pick up flattened empty cardboard boxes. A
central paper container is acceptable.
iv. Educate employees and new employees about recycling procedures.
v. Cooperate with the custodial service to make recyclables available for
collection.
vi. Recycle batteries and office equipment (contact the City’s Solid Waste
Management Division for information about vendors).
vii. Cafeterias and commercial kitchens may participate in the City’s organics
recycling program, with the approval of the City’s Solid Waste Supervisor. City
provides containers and training.
viii. Licensee shall recycle construction waste from tenant improvements.
ix. Licensee shall conserve energy as specified in the City Manager’s January 11,
2001 memorandum as shown in Attachment 3.
13. ACCESS TO PROPERTY; TAXES, ASSESSMENTS, AND OTHER CHARGES
a. City, including its agents and employees, reserves the right to enter the Property and make any
improvements thereon at reasonable times, provided such entry does not cause unreasonable interference
with Licensee’s activities.
b. Licensee shall pay all personal property taxes levied on account of personal property owned by
Licensee on the Property, and pay any in-lieu, possessory interest, or use taxes imposed by reason of
4
Licensee’s use or occupancy of the Property.
14. ASSIGNMENT AND SUBLICENSING PROHIBITED
This License is personal to Licensee. Notwithstanding references to assignees and/or sublicensees
elsewhere in this License, if any, Licensee may not assign or sublicense this License in whole or in part
without the prior written consent of the City, and any attempt to assign or sublicense this License shall
terminate it.
15. INDEMNIFICATION
a. Licensee shall indemnify, defend and hold City, its officers, agents, volunteers and employees
harmless from: 1) all claims of liability for any damage to property or injury or death to any person
occurring in, on, or about the Property; 2) all claims of liability arising out of or in any way connected with
Licensee’s operations under this License, or any act or omission by Licensee, its officers, partners,
directors, employees, agents, contractors, subcontractors or invitees; and 3) all damages, liability, fines,
penalties, and any other consequences arising from any noncompliance or violation of any laws,
ordinances, codes, or regulations, including but not limited to the Occupational Safety and Health Act of
1979 and the Americans with Disabilities Act of 1990. Except, however, that City shall hold Licensee
harmless from all claims of liability for damage resulting from the negligent or wrongful acts or omissions
of City or its authorized representatives.
b. Neither Licensee nor its assignees, heirs, guardians, and legal representatives shall make a
claim against or sue City or its employees, agents or contractors for injury or damage resulting from the
negligence, whether active or passive, or other acts, however caused, by any employee, agent, or
contractor of the City as a result of Licensee’s presence on the Property. Licensee hereby acknowledges
that the Property specifically and 1931 Center Street generally requires certain structural or code
upgrades and accepts the condition of the premises “as is.”
c. LICENSEE ACKNOWLEDGES THAT 1931 CENTER STREET HAS BEEN DEEMED TO
BE UNSAFE AND SUBJECT TO SEVERE DAMAGE DURING ANY MAJOR EARTHQUAKE.
LICENSEE OCCUPIES THE BUILDING AT ITS OWN RISK. LICENSEE HEREBY RELEASES
AND DISCHARGES THE CITY OF BERKELEY AND ITS EMPLOYEES, AGENTS,
CONTRACTORS FROM ALL ACTIONS, CLAIMS OR DEMANDS THAT LICENSEE, ITS HEIRS,
GUARDIANS, AND LEGAL RPERESENTATIVES NOW HAVE OR MAY HAVE IN THE
FUTURE FOR INJURY OR DAMAGE RESULTING FROM AN EARTHQUAKE.
16. INSURANCE
a. Licensee at its cost shall maintain commercial general liability and property damage insurance
with a single combined liability limit of $2,000,000.00 per occurrence insuring against all liability of
Licensee and its authorized representatives arising out of and in connection with Licensee’s use or
occupancy of the Property. All such insurance shall insure performance by Licensee of the preceding
indemnity provisions. All insurance shall name the City, its officers, agents, volunteers and employees
as additional insureds and shall provide primary coverage with respect to the City.
b. If the insurance referred to above is written on a Claims Made Form, then following
termination of this License, coverage shall survive for a period of not less than five years. Coverage
shall also provide for a retroactive date of placement coinciding with the effective date of this License.
c. Licensee at its cost shall maintain on all its personal property, Licensee’s improvements, and
alterations, in, on, or about the Property, a policy of standard fire and extended coverage insurance, with
vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the
proceeds from any such policy shall be used by Licensee for the replacement of personal property or the
restoration of Licensee’s improvements or alterations.
5
d. If Licensee employs any person, it shall carry workers’ compensation and employer’s liability
insurance and shall provide a certificate of insurance to the City. The workers’ compensation insurance
shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and
conditions of said insurance except upon thirty (30) days prior written notice to the City; provide for a
waiver of any right of subrogation against City to the extent permitted by law; and be approved as to
form and sufficiency by the City’s Risk Manager.
e. Licensee shall forward all insurance documents to Hallie Llamas, Real
Property Manager, 1947 Center Street, 4th Flr., Berkeley, California, 94704.
17. CONFORMITY WITH LAW
a. Licensee shall observe and comply with all applicable laws. Licensee shall release, defend,
indemnify and hold harmless City, its officers, agents, volunteers and employees from any and all
damages, liability, fines, penalties and consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
b. If a death, serious personal injury or substantial property damage occurs in connection with
the performance of this License, Licensee shall immediately notify the City’s Risk Manager by
telephone. If any accident occurs in connection with this License, Licensee shall promptly submit a
written report to City, in such form as the City may require. This report shall include the following
information: 1) name and address of the injured or deceased person(s); 2) name and address of
Licensee’s sub licensee, if any; 3) name and address of Licensee’s liability insurance carrier; and 4) a
detailed description of the accident, including whether any of City’s equipment, tools or materials were
involved.
c. If a release of hazardous materials or hazardous waste occurs in connection with the
performance of this License, Licensee shall immediately notify the Berkeley Police Department and the
City’s Emergency and Toxics Management office.
d. Licensee shall not store hazardous materials or hazardous waste within the City of Berkeley
without a proper permit from the City.
18. INDEPENDENT CAPACITY
For purposes of this License, and for the duration of this License, Licensee, including its agents and
employees, shall be, and is, an independent contractor and not an agent or employee of the City.
Licensee has and shall retain the right to exercise full control and supervision of the services, and full
control over the employment, direction, compensation and discharge of all persons assisting Licensee in
the performance of this License. Licensee shall be solely responsible for all matters relating to the
payment of its employees, including compliance with Social Security, withholding, and all other
regulations governing such matters, and shall be solely responsible for its own acts and those of its
agents and employees.
19. CITY NON-DISCRIMINATION ORDINANCE
Licensee hereby agrees to comply with the provisions of Berkeley Municipal Code (“BMC”) Chapter
13.26 as amended from time to time. In the performance of this License, Licensee agrees as follows:
a. Licensee shall not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability,
sexual orientation or AIDS.
6
b. Licensee shall permit the City access to records of employment, employment advertisements,
application forms, EEO-1 forms, affirmative action plans and any other documents which, in the
opinion of the City, are necessary to monitor compliance with this non-discrimination provision. In
addition, Licensee shall fill out, in a timely fashion, forms supplied by the City to monitor this non-
discrimination provision.
20. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
a. If Licensee provides any aid, service or benefit to others on the City’s behalf, Licensee shall,
in the provision of such aid, service or benefit, observe and comply with all applicable provisions of
Title II of the Americans with Disabilities Act of 1990 and any amendments thereto. Licensee shall
further observe and comply with all applicable federal, state, municipal and local laws, ordinances,
codes and regulations prohibiting discrimination against individuals with disabilities and shall ensure
that individuals with disabilities are not excluded from participating in or receiving benefits, services or
activities of the City.
b. If Licensee is or becomes a "public accommodation" as defined in Title III of the Americans
with Disabilities Act of 1990, Licensee shall observe and comply with all applicable provisions of the
Act and any amendments thereto, and all applicable federal, state, municipal and local laws, ordinances,
codes and regulations prohibiting discrimination on the basis of disability in the full and equal
enjoyment of goods, services, facilities, privileges, advantages, or accommodations offered by the
Licensee. All of Licensee’s activities must be in accordance with these laws, ordinances, codes, and
regulations, and Licensee shall be solely responsible for complying therewith.
21. OPPRESSIVE STATES
a. In accordance with Resolution No. 59,853-N.S., Licensee certifies that it has no contractual
relations with, and agrees during the term of this License to forego contractual relations to provide
personal services to or to purchase, sell, lease or distribute commodities in the conduct of business with,
the following entities:
i) The governing regime in any Oppressive State.
ii) Any business or corporation organized under the authority of the governing
regime of any Oppressive State.
iii) Any individual, firm, partnership, corporation, association, or any other
commercial organization, and including parent-entities and wholly-owned
subsidiaries (to the extent that their operations are related to the purpose of its
contract with the City), for the express purpose of assisting in business
operations or trading with any public or private entity located in any Oppressive
State.
b. For purposes of this License, the Tibet Autonomous Region and the provinces of Ado, Kham,
and U-Tsang shall be deemed oppressive states.
c. Licensee’s failure to comply with this section shall constitute a default of this License and
City may terminate this License pursuant to Section 2. In the event that the City terminates this License
due to a default under this provision, City may deem Licensee a non-responsible bidder for five (5)
years from the date of termination.
22. LIVING WAGE ORDINANCE
a. Licensee agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living
Wage Ordinance. If Licensee employs six (6) or more part-time, full-time or stipend employees, and
generates $350,000 or more in annual gross receipts, Licensee will be required to provide all eligible
employees with City mandated minimum compensation during the term of this License, as defined in
B.M.C. Chapter 13.27, and well as comply with the terms enumerated herein.
7
b. Licensee shall be required to maintain all reasonable records and documents that would
establish whether Licensee is subject to Berkeley’s Living Wage Ordinance (LWO). If Licensee is
subject to the LWO, as defined therein, Licensee shall be further required to maintain monthly records
of those employees located on the Property. These records shall include the total number of hours
worked, the number of hours spent providing service on the Property, the hourly rate paid, and the
amount paid by Licensee for health benefits, if any, for each of its employees providing services under
the License. The records described in this Section shall be made available upon the City’s request. The
failure to produce these records upon demand shall be considered grounds for termination of this
License in accordance with section 2 of this License.
c. If Licensee is subject to the LWO, Licensee shall include the requirements of the ordinance,
as defined in B.M.C. Chapter 13.27, in any and all sublicense agreements in which Licensee enters with
regard to the Property. Sub licensees shall be required to comply with this ordinance with regard to any
employees who spend 25% or more of their compensated time on the Property.
d. If Licensee fails to comply with the requirements of the LWO and this License, the City shall
have the rights and remedies described in this Section, in addition to any rights and remedies provided
by law or equity.
Licensee’s failure to comply with this Section shall be considered grounds for termination of this
License in accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount
of $50 per employee per day for each and every instance of an underpayment to an employee. It is
mutually understood and agreed that Licensee’s failure to pay any of its eligible employees at least the
applicable living wage rate will result in damages being sustained by the City; that the nature and
amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set
forth herein is the nearest and most exact measure of damage for such breach that can be fixed at this
time; and that the liquidated damage amount is not intended as a penalty of forfeiture for Licensee’s
breach.
23. BERKELEY EQUAL BENEFITS ORDINANCE
a. Licensee hereby agrees to comply with the provisions of the Berkeley Equal Benefits
Ordinance, B.M.C. Chapter 13.29. If Licensee generates $350,000 or more in annual gross receipts,
Licensee will be required to provide all eligible employees with City mandated equal benefits during the
term of this License, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated
herein.
b. If Licensee is currently or becomes subject to the Berkeley Equal Benefits Ordinance,
Licensee agrees to supply the City with any records the City deems necessary to determine compliance
with this provision. Failure to do so shall be considered grounds for termination of this License in
accordance with section 2 of this License.
c. If Licensee fails to comply with the requirements of this Section, City shall have the rights
and remedies described in this Section, in addition to any rights and remedies provided by law or equity.
Licensee’s failure to comply with this Section shall constitute grounds for termination of this License in
accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount
of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually
understood and agreed that Licensee’s failure to provide its employees with equal benefits will result in
damages being sustained by City; that the nature and amount of these damages will be extremely
difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact
8
measure of damages for such breach that can be fixed at this time; and that the liquidated damage
amount is not intended as a penalty or forfeiture for Licensee’s breach.
24. CONFLICT OF INTEREST PROHIBITED
a. In accordance with Government Code section 1090, Berkeley City Charter section 36, and the
B.M.C. Chapter 3.64, neither Licensee nor any employee, officer, director, partner or member of
Licensee, or immediate family member of any of the preceding, shall have served as an elected officer,
an employee, or a City board, committee or commission member, who has directly or indirectly
influenced the making of this License.
b. In accordance with Government Code section 1090 and the Political Reform Act, Government
Code section 87100 et seq., no person who is a director, officer, partner, trustee, employee or consultant
of the Licensee, or immediate family member of any of the preceding, shall make or participate in a
decision made by the City or a City board, commission or committee, if it is reasonably foreseeable that
the decision will have a material effect on any source of income, investment or interest in real property
of that person or Licensee.
c. Interpretation of this section shall be governed by the definitions and provisions used in the
Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals
and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64.
25. NUCLEAR FREE BERKELEY
Licensee agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act.
26. RECYCLED PAPER FOR WRITTEN REPORTS
If Licensee is required by this License to prepare a written report or study, Licensee shall use recycled
paper for said report or study when such paper is available at a cost of not more than ten percent (10%)
more than the cost of virgin paper, and when such paper is available at the time it is needed. For the
purposes of this License, recycled paper is paper that contains at least fifty percent (50%) recycled
product. If recycled paper is not available, Licensee shall use white paper. Written reports or studies
prepared under this License shall be printed on both sides of the page whenever practical.
27. PESTICIDES; EFFECT ON SUCCESSORS AND ASSIGNS; RISK OF LOSS
a. All use of pesticides on the premises shall be in compliance with the City of Berkeley’s Pesticide
Use Policy as it exists at the time of such use.
b. This License shall be binding on and inure to the benefit of the heirs, executors, administrators,
successors, and assigns of the parties hereto.
c. Licensee bears all risk of loss under this License.
28. AUDIT
The City Auditor’s Office, or its designee, may conduct at any time an audit of Licensee’s financial and
compliance records maintained in connection with the operations and services performed under this
License, and with the payments made under this License. In the event of such audit, Licensee agrees to
make all such financial and compliance records available to the Auditor’s Office, or its designee. City
agrees to provide Licensee an opportunity to discuss and respond to any findings before a final audit
report is filed.
29. SETOFF AGAINST DEBTS
9
Licensee agrees that City may deduct from any payments due to Licensee under this License any
amounts due to the City, and any monies that Licensee owes City under any ordinance, agreement or
resolution for any unpaid taxes, fees, licenses, unpaid checks or other amounts.
30. GOVERNING LAW; AMENDMENTS
a. The laws of the State of California shall govern this License.
b. The term of this License shall not be altered or otherwise modified except by a written amendment
to this License executed by City and Licensee.
31. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER
Licensee has obtained a City business license as required by B.M.C. Chapter 9.04, and its license
number is written below; or, Licensee is exempt from the provisions of B.M.C. Chapter 9.04 and has
written below the specific B.M.C. section under which it is exempt. Licensee shall pay all state and
federal income taxes and any other taxes due. Licensee certifies under penalty of perjury that the
taxpayer identification number written below is correct.
32. SEVERABILITY; WAIVER
a. If any part of this License or the application thereof is declared invalid for any reason, such
invalidity shall not affect the other terms of this License which can be given effect without the
invalid provision or application, and to this end the provisions of this License are declared to be
severable.
b. Failure of City to insist on strict performance shall not constitute a waiver of any of the provisions
of this License or a waiver of any other default of Licensee.
33. ENTIRE AGREEMENT
a. The terms and conditions of this License, all exhibits attached and any documents expressly
incorporated by reference represent the entire agreement between the parties with respect to the subject
matter of this License. This License shall supersede any and all prior agreements, oral or written,
regarding the subject matter between City and Licensee. No other agreement, statement, or promise
relating to the subject matter of this License shall be valid or binding except by a written amendment to
this License.
b. If any conflicts arise between the terms and conditions of this License and the terms and
conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of
this License shall control.
IN WITNESS WHEREOF, City and Licensee have executed this License as of the date
written on the first paragraph of this License.
CITY OF BERKELEY
By ___________________________
CITY MANAGER
Registered by: Approved as to form:
____________________________
CITY AUDITOR CITY ATTORNEY
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Attest:
________________________
CITY CLERK
_________________________________
By: ______________________________
Its: ______________________________
Tax Identification No. .
Berkeley Business License No. ______________
Incorporated: Yes No
Certified Woman Business Enterprise: Yes No
Certified Minority Business Enterprise: Yes No
If yes, state ethnicity: ______________________
Certified Disadvantaged Business Enterprise: Yes No
11
EXHIBIT A
PROPERTY DESCRIPTION
BOSS/MASC has use of all available shared floor space in the basement during the hours of 7 a.m. to
5 p.m. daily. BOSS/MASC has exclusive use of rooms 004, 012, 013, and 022. MASC also has
shared use of the kitchen (rooms 029 and 030) and the classroom and office (019 and 020). (See
diagram below for details.)
12
EXHIBIT B
PAYMENT
1) Payments shall be due and payable upon execution of the agreement and the check made payable
to the “City of Berkeley.” Payments shall be paid at Finance Department Customer Service
Center at 1947 Center Street, 1st Floor, Berkeley, CA 94704
2) Failure to make full payments on time is grounds for termination of this License by the City.
3) The license fee shall be $100.00 per year.
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Attachment 1
SECURITY RULES FOR CITY BUILDINGS
Interior Rules/Signage
1. No member of the public may enter an interior area of a City building once a City employee
advises that the area is closed to the public.
2. No member of the public may enter an interior area of a City building that is signed in any manner
that suggests that the public should not enter, unless given permission to enter by a City employee.
Such signs include, but are not limited to: “Reception Area – Please Check In,” “Private,” and
“Employees Only”
3. A member of the public may remain in the lobby, hallways, waiting areas, or similar public areas
inside a City building only as long as necessary to conduct City-related business or contact an
employee. Members of the public may not wait in a City building for a City employee
indefinitely, and may be asked to return at another time when the employee is expected to be in
the office. When signage is not practical: use verbal warnings.
4. Bathrooms in City buildings shall not be used for bathing or washing clothes, unless the bathroom
is equipped for such uses and the person is authorized to use the bathroom for such purposes.
Acceptable Signage, But Only If The Problem Is Recurring: “No Bathing Allowed” or “No
Bathing Or Washing Laundry Allowed”
5. In City buildings, no member of the public may:
a. Yell, threaten, or use profanity or rude, insulting language against City staff, e.g., calling the
City staff member a “bastard” or an “idiot” in an attempt to intimidate the staff member into
doing something that the staff member cannot do;
b. Disturb or annoy anyone with loud or unreasonable noise;
c. Insist that City staff provide a service, explanation or document that City staff has made clear
cannot be provided at that time;
d. Insist on meeting with a City staff member or supervisor after being told that the person is
either not available or will not meet with the person;
e. Conduct oneself in a manner that obstructs or intimidates City staff or patrons;
f. Block City entrances, ramps, or exits;
g. Enter a City building with animals other than service animals authorized by law;
h. Ride bikes, skates, scooters, Segways, skateboards, and other devices designed to enhance
mobility but not intended for indoor use;
i. Smoke, eat, or drink, except where expressly permitted;
j. Lie on the floor or sleep; or
k. Exude extremely offensive odors
Exterior Rules/Signage
1. No member of the public may remain on the exterior steps or exterior grounds1 of City buildings,
unless the person is there to conduct City-related business or contact an employee.
1 “Exterior grounds” means the area between the outer building façade and the property line. Exterior
grounds can include an off-street parking lot. However, a public sidewalk is not part of the exterior
grounds. (BMC § 13.36.065(B).) Also, if the City only leases a portion of a building, this rule still applies
to the entire “exterior grounds.” (BMC § 13.36.065(B).)
14
Acceptable Signage: “No Sitting On Steps – BMC 13.36.065” and/or “Building Steps And Grounds For
City Business Only – BMC 13.36.065.”2 (See following text of BMC 13.36)
2 Due to technical legal problems, do not use the words “no loitering” in any sign. Rather, use the
recommended language.
15
Chapter 13.36 DISORDERLY CONDUCT*
Section 13.36.065 Violating building security rules for City buildings.
A. Purpose. The purpose of this section is to enable the City Manager to establish building security
rules for buildings that the City of Berkeley owns or leases for City government business or
services. The City Manager’s building security rules will be designed to maintain the safety of City
employees and patrons, facilitate the City’s ability to do government business and provide services,
and prevent damage to City facilities. The City Manager’s building security rules may apply to all
City buildings, as defined in this section, or only to specific City buildings, depending on the
security needs at each site.
B. Definitions. “City building” as used in this section means any building that the City of Berkeley
owns or leases for the purpose of conducting City government business or providing City services.
If only a part of the interior of a building is leased by the City for City government business or
services, then “City building” shall apply to only that part of the interior of the building. In
addition, if only a part of the interior of a building is leased by the City for City government
business or services, then “City building” shall also include the entire exterior curtilage of the
building, unless the building owner or occupant authorizes the conduct prohibited by this section on
the exterior curtilage.
“Curtilage” as used in this section means the exterior grounds of a building. “Curtilage” shall
include the steps and grounds that lie between the outer facade of the building and either (1) the
public sidewalk, (2) a formally dedicated public park, or (3) the adjacent private property. Curtilage
does not include the public sidewalk or a formally dedicated public park, but rather, ends there.
C. Prohibited Conduct. No person shall violate the City Manager’s building security rules governing
any City building. The City Manager’s building security rules shall promote safety for City
employees and patrons, facilitate the City’s ability to provide services, and/or help prevent damage
to City facilities. The City Manager’s building security rules shall include, but need not be limited
to, prohibiting persons from:
(1) Entering designated areas that are not open to the general public inside of City
buildings without permission from a City employee or agent, and
(2) Remaining inside of or on the curtilage of a City building without a purpose related to
conducting business, accessing services, or contacting an occupant on the premises.
D. Citation. No person shall be arrested or cited under this section unless the person engages in
conduct prohibited by this section after having been notified by a City official that he or she is in
violation of the prohibition in this section.
E. Penalty. Notwithstanding the provisions of Section 13.36.100, violation of this section shall be
either an infraction or a misdemeanor, in the discretion of the prosecutor, and upon conviction shall
be punishable as set forth in Chapter 1.20 of this code. (Ord. 6486-NS § 1, 1999)
16
Attachment 2
SETTING UP A RECYCLING PROGRAM
A. Recycling and Composting Guidelines
1. All occupants in City-owned facilities must participate in recycling services provided by
the City or provide an acceptable alternative for approval of City’s Recycling Supervisor.
a. Assign someone to be in charge of your recycling program, and communicate
needs and questions to the City’s Solid Waste Management Division.
b. Recycle corrugated cardboard, office papers and beverage containers (glass
bottles, plastic bottles and cans).
c. Place collection containers at convenient locations for licensee and employees
including at desk sides and copy rooms, and containers for bottles/cans. See
Section B below.
d.
e. Educate employees about recycling procedures.
f. Cooperate fully to make recyclables available for collection.
g. Recycle batteries and office equipment (contact City’s Solid Waste Management
Division for information about vendors).
2. Cafeterias and commercial kitchens may participate in the City’s organics recycling
program, with approval of refuse supervisor. The City will provide containers and
training.
3. Licensee shall recycle construction waste from any licensee improvements.
4. The City shall provide the following services at standard rates:
a. Curbside collection service (cart) or on site for bins.
b. Containers for desk side, copy room and storage.
c. Assistance designing your recycling program.
d. Training and instructive posters.
5. Standard Rates:
a. There is no charge for recycling services for bottles/cans, papers and cardboard.
b. Organics collection is charged at 80% of equivalent refuse service.
B. Recycling happens in four phases:
1. Convenient separation where it’s first generated:
a. Container next to each desk to hold office paper and trash.
b. Container by each copy machine. This container should be at least 13 gallons
and can double as the central container for the office.
c. Container for bottles/cans in the break room.
2. Move small amounts to a central collection container:
a. Employees usually empty their desk side containers into a larger central
container. Often this doubles as the copy-room container.
b. Employees put their bottles/cans into a container in the break room.
3. Licensee is responsible to transfer the paper to the licensee’s storage location, and setting
storage containers by the curbside by 7:00 a.m. on collection day and bringing them back
to the storage area as soon as possible after they are emptied.
17
4. The City will pick up recycling materials on the regular collection day.
18
Attachment 3
Office of the City Manager
MEMORANDUM
January 11, 2001
TO: All Staff
FROM: Weldon Rucker, Acting City Manager
RE: MUNICIPAL ELECTRIC LOAD CURTAILMENT
As you are aware, California’s electric system is in a fragile condition. In order to prevent rolling
blackouts, the City shall curtail municipal electric loads as described below. Since this problem is likely to
persist, these procedures shall remain in effect until further notice.
The California Independent System Operator (ISO) issues alerts when power supply margins are too low.
A Stage II emergency seeks voluntary load curtailment. A Stage III Emergency orders utilities to institute
rolling black outs.
At all times, regardless of the ISO Emergency status, the procedures below shall be followed.
1) Site Safety Coordinators shall:
a) ensure that non-essential equipment including copiers, printers, computers, lights, space heaters,
air conditioners, fans and air compressors are turned off at the end of the day;
b) ensure that Energy Saver features are enabled on all office equipment (copiers, printers, PCs,
faxes);
c) minimize use of incandescent lighting (call the Energy Office to replace incandescent desk lamps
with fluorescents); and,
d) be familiar with Stage II procedures.
2) No new incandescent (including halogen and quartz) floor or desk lamps may be purchased.
3) Information Systems shall set Energy Star features on all new installs and service calls.
4) Public Works Facilities Management shall review and correct settings on all setback thermostats
(Operating hours: heat = 68 degrees; cooling = 74 degrees. Non-operating hours: heat = 55 degrees;
cooling 90 = degrees).
5) Parks and Waterfront and Health and Human Services shall prepare a plan to notify ball field users of
closures.
During Stage II Emergencies, the procedures below shall be followed:
1) Public Works and the Communications Center shall notify each other and Information Systems of the
Stage II notice.
2) Information Systems shall send an email to Everyone (that includes excerpts from this document).
3) Site Safety Coordinators shall:
a) Disconnect electric vehicles from chargers;
b) Ensure all procedures above are implemented;
c) Turn off all non-essential air compressors;
d) Turn off all space heaters, window box air conditioners and fans;
e) Turn off all unused office equipment;
f) Turn off all unnecessary overhead lighting; use fluorescent task lighting and daylight; and,
19
g) Reset thermostats to 78 degrees for cooling and to turn off ventilation equipment when
heating/cooling element is not on.
4) Health and Human Services and Parks and Waterfront shall notify ball field users of the emergency
and shall turn off ball field lighting.
5) Parks and Waterfront shall turn off ball court lighting.
For more information, please contact Neal De Snoo of the Energy Office at 981-5434.
20
Attachment 5
RESOLUTION NO. –N.S.
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT
AND ANY AMENDMENTS WITH THE DISABLED AMERICAN VETERANS
LOCATED AT 1931 CENTER STREET FOR MEETING AND OFFICE SPACE
WHEREAS, the Disabled American Veterans maintains many historical veteran artifacts
and materials; and
WHEREAS, the Disabled American Veterans has been providing services at 1931 Center
Street since the building was constructed; and
WHEREAS, the Disabled American Veterans provides valuable and needed services to
the community; and
WHEREAS, the Disabled American Veterans requires a location to continue to provide
its services to the public.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the
City manager is authorized to execute a license agreement and any amendments with
Disabled American Veterans in a form that is substantially similar to that attached to this
resolution.
Attachment 5 – Exhibit A
LICENSE AGREEMENT
This AGREEMENT is entered into on _____________ by and between the CITY OF
BERKELEY, a Charter City organized and existing under the laws of the State of
California (“City”) and DISABLED AMERICAN VETERANS, CHAPTER 25
(“Licensee”), a _________________, who agree as follows.
1. LICENSE
a. Subject to all the terms and conditions herein, City hereby grants Licensee use of that portion of
the City’s property at 1931 Center Street in Berkeley, County of Alameda, State of California (“the
Property”) shown on Exhibit A, attached hereto and made a part hereof. This License is not a lease;
Licensee does not by this License obtain an exclusive right, against the City or the public, to any part of the
Property.
b. This License is granted for the purpose of ___________________________________.
2. TERM
This License shall take effect once executed by Licensee and approved by the Berkeley City Council (the
“effective date”). It shall remain in effect on a month-to-month basis, starting with the effective date,
subject to the following:
Either party may terminate this License for any reason within thirty (30) days prior written notice
to the other party. Either party may terminate this License for default upon fifteen (15) days’ written notice
to the other if the other party has substantially failed to fulfill any of its obligations under this License in a
timely manner.
3. LICENSE FEE
a. In consideration for the rights conveyed by this License, Licensee shall pay the City $________
per year, which shall be due and payable on upon execution of this agreement, as specified in Exhibit B.
4. NOTICES
A written notice shall be deemed served upon mailing said notice to the other party and depositing the same
with the U.S. Post Office, first class mail, with postage paid.
For purposes of this License, all notices to the City shall be addressed to:
Hallie Llamas, Real Property Manager
Public Works Department
1947 Center Street, 4th Flr.
Berkeley, CA 94704
For purposes of this License, all notices to Licensee shall be addressed to:
____________________________
____________________________
____________________________
1
5. GENERAL - OCCUPANCY RULES AND REGULATIONS
a. City may waive any one or more of the occupancy rules or regulations contained in this agreement
for the benefit of any particular licensee or licensees, but no waiver by City will be construed as a waiver of
those rules and regulations in favor of any other licensee, nor prevent City from enforcing any of those
rules and regulations against any or all of the licensees of 1931 Center Street. Any waiver of rules and
regulations by City shall be in writing.
b. City reserves the right at any time to change or rescind any one or more of the rules and
regulations or to make any additional reasonable rules and regulations that, in City’s judgment, may be
necessary for:
i) management, safety, care, and cleanliness of the premises, building and real property;
ii) preservation of good order; and
iii) convenience of other occupants and licensees in the premises, building and real property.
6. HEALTH, SAFETY AND ACCESSIBILITY (applicable to licensees described below)
Berkeley Opportunities for Self-Sufficiency (BOSS)/Multi-Agency Service Center (MASC),
Berkeley Food Housing Project (BFHP) and Dorothy Day Housing (DDH) shall make all reasonable efforts
to comply with the Alameda County-wide Homeless Continuum of Care Health, Safety and Accessibility
Standards for Shelter Facilities in Alameda County.
7. MAINTENANCE AND ALTERATIONS
a. Licensee shall maintain the Property used pursuant to this License in good order and repair and
reasonably free and clean of all debris, trash and rubble. Upon termination of this License, Licensee shall,
at its own cost, remove any equipment or materials installed by Licensee and shall surrender the Property to
City in the same condition as at the commencement of this License with the exception of reasonable wear
and tear. Licensee shall reimburse the City for any expenses incurred by the City for any damage to the
Property resulting from this License.
b. Licensee shall not construct or place any facilities on the Property, or install any equipment on the
Property, or make any alterations or improvements to the Property, without the City’s prior written consent.
c. Licensee shall be responsible for any and all janitorial services required on the premises. The City
shall provide janitorial services for the common areas.
d. Licensee shall be responsible for the payment of all utilities, including water, gas, electricity,
trash collection/maintenance and other services delivered to the premises. In the case of electricity, gas,
water and sewer utilities and building maintenance, these services will be provided by the City and
Licensee shall pay the City a fee as provided in Section 3 above. Licensee shall be directly responsible for
paying fees for other services.
e. No sign, placard, picture, name, advertisement, or notice visible from the exterior of the
premises will be inscribed, painted, affixed, or otherwise displayed by licensee on any part of 1931 Center
Street without the prior written consent of the City. Material visible outside the building will not be
permitted.
f. Licensee shall assume all responsibility for protecting the premises from theft, robbery,
pilferage, vandalism, damage, or waste, including keeping doors locked and other means of entry to the
premises closed and turning off all water faucets, water apparatus, and utilities.
g. Licensee shall conduct business in a manner that will not cause damage to the building or property
including but not limited to (i.e., not overloading the circuits, inappropriate use of extension cords,
exceeding maximum weight on stage and any other floor area, etc.)
2
8. SECURITY
a. Pursuant to BMC Section 13.36.065, Licensee shall comply with security rules for City buildings.
The City Manager’s building security rules are designed to maintain the safety of City employees and
patrons, facilitate the City’s ability to do government business and provide services, and prevent damage to
City facilities. (See Attachment 1.)
b. Access keys to licensee’s space shall be provided by Public Works Maintenance only and
no keys shall be duplicated without consent of the City of Berkeley Public Works Maintenance Division.
Licensee may not change any locks. The City will have access to all space in the building in the event of
an emergency.
c. Courtyard: BOSS/MASC, Options Recovery Services and BFHP will share responsibility for
responding appropriately when unsafe behavior by clients on the premises threatens the safety of the
building or the general public. BFHP staff will perform this role in the courtyard from 5 p.m. to 7 a.m.
nightly. BFHP staff will ensure courtyard gate is locked nightly at 7 p.m. BOSS/MASC staff will patrol the
courtyard jointly with Options Recovery Services from 8 a.m. to 4 p.m. Staff shall patrol the courtyard
jointly on a regular basis and keep a log of activity. Options Recovery Services will patrol the courtyard
from 4 p.m. to 5 p.m. daily.
Courtyard Schedule:
7 p.m. – Lock Gate – Berkeley Food and Housing Project
5 p.m. to 7 a.m. – Berkeley Food and Housing Project
8 a.m. to 4 p.m. – Joint Patrol MASC/Options
4 p.m. to 5 p.m. – Options Recovery Services
d. Holiday Coverage: When MASC is closed for holidays and when Options Recovery Services is
open, Options staff will be responsible for the courtyard, front steps, and parking lot security.
e. Front Steps: BOSS/MASC and Options staff will ensure security of the front steps jointly daily
and keep an activity log. BFHP staff will be responsible for front steps at night from inside the building.
9. JANITORIAL TO BE PROVIDED BY LICENSEES
a. Bathrooms:
i. BOSS/MASC will stock basement bathrooms in the morning, and clean them at closing
time each day.
ii. BFHP will stock basement bathrooms in the evening and clean in the mornings.
iii. BOSS/MASC/BFHP will organize and jointly pay for a deep cleaning service of the men’s
bathroom on a regular basis at least twelve times per year.
iv. Options will clean the front hallway and first floor restrooms for both men and women on a
daily basis.
b. Courtyard:
i. BOSS/MASC will clean courtyard in the late afternoon daily.
ii. BFHP will clean courtyard in the morning daily. .
c. Other:
BFHP and BOSS/MASC will share the cost and organize jointly waxing all floors and
cleaning all carpeting on an annual basis.
10. USE OF KITCHEN FACILITY
a. Use of the kitchen will be shared between BOSS/MASC, BFHP, and Dorothy Day House
(DDH) and all three agencies will have keys to the kitchen. Hours of use are as follows: Dorothy Day
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House: Monday through Sunday: 5 a.m. to 11 a.m. and 5:30 p.m. to 8:00 p.m. Any DDH volunteers must
be under supervision by a team leader.
b. A list of authorized personnel from DDH will be submitted to BOSS/MASC and BFHP. DDH
team leaders will have access to the kitchen from 11 a.m. until 5:30 p.m. in order to clean and receive
deliveries; all DDH personnel will check in with BOSS/MASC and BFHP staff prior to using the kitchen
during this period.
i. BOSS/MASC: Staff shall use kitchen as needed under the supervision of the Program
Manager.
ii. BFHP: Staff shall use kitchen as needed under the supervision of the Program Manager.
11. NO SMOKING
a. Pursuant to Berkeley Municipal Code (BMC) Ch. 12.70, no smoking is allowed in public places.
This includes, but is not limited to within 20 feet of any entrance, exit or air intake vent to 1931 Center
Street, except while passing on the way to another destination.
b. No smoking is allowed in the parking lot or courtyard at 1931 Center Street.
12. ENVIRONMENTAL
a. Licensee shall follow all environmental rules and regulations as they apply to City agencies.
Specifically, licensee shall minimize waste and recycle and compost, as per Recycling and Composting
Guidelines for City Buildings. Guidelines for creating a recycling program are attached as Attachment 2.
Licensee must participate in a recycling service provided by the City or provide an acceptable alternative
with the approval of the City’s Recycling Supervisor. To that end, Licensee shall:
Assign someone to be in charge of its recycling program, and to communicate needs and
questions to the City’s Solid Waste Management Division.
i. Recycle corrugated cardboard, office papers and beverage containers (glass
bottles, plastic bottles and cans).
ii. Place collection containers for paper at desk sides and copy rooms, and break
rooms. (See Attachment 2 for details.)
iii. Provide a location for custodians to pick up flattened empty cardboard boxes. A
central paper container is acceptable.
iv. Educate employees and new employees about recycling procedures.
v. Cooperate with the custodial service to make recyclables available for
collection.
vi. Recycle batteries and office equipment (contact the City’s Solid Waste
Management Division for information about vendors).
vii. Cafeterias and commercial kitchens may participate in the City’s organics
recycling program, with the approval of the City’s Solid Waste Supervisor. City
provides containers and training.
viii. Licensee shall recycle construction waste from tenant improvements.
ix. Licensee shall conserve energy as specified in the City Manager’s January 11,
2001 memorandum as shown in Attachment 3.
13. ACCESS TO PROPERTY; TAXES, ASSESSMENTS, AND OTHER CHARGES
a. City, including its agents and employees, reserves the right to enter the Property and make any
improvements thereon at reasonable times, provided such entry does not cause unreasonable interference
with Licensee’s activities.
b. Licensee shall pay all personal property taxes levied on account of personal property owned by
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Licensee on the Property, and pay any in-lieu, possessory interest, or use taxes imposed by reason of
Licensee’s use or occupancy of the Property.
14. ASSIGNMENT AND SUBLICENSING PROHIBITED
This License is personal to Licensee. Notwithstanding references to assignees and/or sublicensees
elsewhere in this License, if any, Licensee may not assign or sublicense this License in whole or in part
without the prior written consent of the City, and any attempt to assign or sublicense this License shall
terminate it.
15. INDEMNIFICATION
a. Licensee shall indemnify, defend and hold City, its officers, agents, volunteers and employees
harmless from: 1) all claims of liability for any damage to property or injury or death to any person
occurring in, on, or about the Property; 2) all claims of liability arising out of or in any way connected with
Licensee’s operations under this License, or any act or omission by Licensee, its officers, partners,
directors, employees, agents, contractors, subcontractors or invitees; and 3) all damages, liability, fines,
penalties, and any other consequences arising from any noncompliance or violation of any laws,
ordinances, codes, or regulations, including but not limited to the Occupational Safety and Health Act of
1979 and the Americans with Disabilities Act of 1990. Except, however, that City shall hold Licensee
harmless from all claims of liability for damage resulting from the negligent or wrongful acts or omissions
of City or its authorized representatives.
b. Neither Licensee nor its assignees, heirs, guardians, and legal representatives shall make a
claim against or sue City or its employees, agents or contractors for injury or damage resulting from the
negligence, whether active or passive, or other acts, however caused, by any employee, agent, or
contractor of the City as a result of Licensee’s presence on the Property. Licensee hereby acknowledges
that the Property specifically and 1931 Center Street generally requires certain structural or code
upgrades and accepts the condition of the premises “as is.”
c. LICENSEE ACKNOWLEDGES THAT 1931 CENTER STREET HAS BEEN DEEMED TO
BE UNSAFE AND SUBJECT TO SEVERE DAMAGE DURING ANY MAJOR EARTHQUAKE.
LICENSEE OCCUPIES THE BUILDING AT ITS OWN RISK. LICENSEE HEREBY RELEASES
AND DISCHARGES THE CITY OF BERKELEY AND ITS EMPLOYEES, AGENTS,
CONTRACTORS FROM ALL ACTIONS, CLAIMS OR DEMANDS THAT LICENSEE, ITS HEIRS,
GUARDIANS, AND LEGAL RPERESENTATIVES NOW HAVE OR MAY HAVE IN THE
FUTURE FOR INJURY OR DAMAGE RESULTING FROM AN EARTHQUAKE.
16. INSURANCE
a. Licensee at its cost shall maintain commercial general liability and property damage insurance
with a single combined liability limit of $2,000,000.00 per occurrence insuring against all liability of
Licensee and its authorized representatives arising out of and in connection with Licensee’s use or
occupancy of the Property. All such insurance shall insure performance by Licensee of the preceding
indemnity provisions. All insurance shall name the City, its officers, agents, volunteers and employees
as additional insureds and shall provide primary coverage with respect to the City.
b. If the insurance referred to above is written on a Claims Made Form, then following
termination of this License, coverage shall survive for a period of not less than five years. Coverage
shall also provide for a retroactive date of placement coinciding with the effective date of this License.
c. Licensee at its cost shall maintain on all its personal property, Licensee’s improvements, and
alterations, in, on, or about the Property, a policy of standard fire and extended coverage insurance, with
vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the
proceeds from any such policy shall be used by Licensee for the replacement of personal property or the
restoration of Licensee’s improvements or alterations.
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d. If Licensee employs any person, it shall carry workers’ compensation and employer’s liability
insurance and shall provide a certificate of insurance to the City. The workers’ compensation insurance
shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and
conditions of said insurance except upon thirty (30) days prior written notice to the City; provide for a
waiver of any right of subrogation against City to the extent permitted by law; and be approved as to
form and sufficiency by the City’s Risk Manager.
e. Licensee shall forward all insurance documents to Hallie Llamas, Real
Property Manager, 1947 Center Street, 4th Flr., Berkeley, California, 94704.
17. CONFORMITY WITH LAW
a. Licensee shall observe and comply with all applicable laws. Licensee shall release, defend,
indemnify and hold harmless City, its officers, agents, volunteers and employees from any and all
damages, liability, fines, penalties and consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
b. If a death, serious personal injury or substantial property damage occurs in connection with
the performance of this License, Licensee shall immediately notify the City’s Risk Manager by
telephone. If any accident occurs in connection with this License, Licensee shall promptly submit a
written report to City, in such form as the City may require. This report shall include the following
information: 1) name and address of the injured or deceased person(s); 2) name and address of
Licensee’s sub licensee, if any; 3) name and address of Licensee’s liability insurance carrier; and 4) a
detailed description of the accident, including whether any of City’s equipment, tools or materials were
involved.
c. If a release of hazardous materials or hazardous waste occurs in connection with the
performance of this License, Licensee shall immediately notify the Berkeley Police Department and the
City’s Emergency and Toxics Management office.
d. Licensee shall not store hazardous materials or hazardous waste within the City of Berkeley
without a proper permit from the City.
18. INDEPENDENT CAPACITY
For purposes of this License, and for the duration of this License, Licensee, including its agents and
employees, shall be, and is, an independent contractor and not an agent or employee of the City.
Licensee has and shall retain the right to exercise full control and supervision of the services, and full
control over the employment, direction, compensation and discharge of all persons assisting Licensee in
the performance of this License. Licensee shall be solely responsible for all matters relating to the
payment of its employees, including compliance with Social Security, withholding, and all other
regulations governing such matters, and shall be solely responsible for its own acts and those of its
agents and employees.
19. CITY NON-DISCRIMINATION ORDINANCE
Licensee hereby agrees to comply with the provisions of Berkeley Municipal Code (“BMC”) Chapter
13.26 as amended from time to time. In the performance of this License, Licensee agrees as follows:
a. Licensee shall not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability,
sexual orientation or AIDS.
6
b. Licensee shall permit the City access to records of employment, employment advertisements,
application forms, EEO-1 forms, affirmative action plans and any other documents which, in the
opinion of the City, are necessary to monitor compliance with this non-discrimination provision. In
addition, Licensee shall fill out, in a timely fashion, forms supplied by the City to monitor this non-
discrimination provision.
20. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
a. If Licensee provides any aid, service or benefit to others on the City’s behalf, Licensee shall,
in the provision of such aid, service or benefit, observe and comply with all applicable provisions of
Title II of the Americans with Disabilities Act of 1990 and any amendments thereto. Licensee shall
further observe and comply with all applicable federal, state, municipal and local laws, ordinances,
codes and regulations prohibiting discrimination against individuals with disabilities and shall ensure
that individuals with disabilities are not excluded from participating in or receiving benefits, services or
activities of the City.
b. If Licensee is or becomes a "public accommodation" as defined in Title III of the Americans
with Disabilities Act of 1990, Licensee shall observe and comply with all applicable provisions of the
Act and any amendments thereto, and all applicable federal, state, municipal and local laws, ordinances,
codes and regulations prohibiting discrimination on the basis of disability in the full and equal
enjoyment of goods, services, facilities, privileges, advantages, or accommodations offered by the
Licensee. All of Licensee’s activities must be in accordance with these laws, ordinances, codes, and
regulations, and Licensee shall be solely responsible for complying therewith.
21. OPPRESSIVE STATES
a. In accordance with Resolution No. 59,853-N.S., Licensee certifies that it has no contractual
relations with, and agrees during the term of this License to forego contractual relations to provide
personal services to or to purchase, sell, lease or distribute commodities in the conduct of business with,
the following entities:
i) The governing regime in any Oppressive State.
ii) Any business or corporation organized under the authority of the governing
regime of any Oppressive State.
iii) Any individual, firm, partnership, corporation, association, or any other
commercial organization, and including parent-entities and wholly-owned
subsidiaries (to the extent that their operations are related to the purpose of its
contract with the City), for the express purpose of assisting in business
operations or trading with any public or private entity located in any Oppressive
State.
b. For purposes of this License, the Tibet Autonomous Region and the provinces of Ado, Kham,
and U-Tsang shall be deemed oppressive states.
c. Licensee’s failure to comply with this section shall constitute a default of this License and
City may terminate this License pursuant to Section 2. In the event that the City terminates this License
due to a default under this provision, City may deem Licensee a non-responsible bidder for five (5)
years from the date of termination.
22. LIVING WAGE ORDINANCE
a. Licensee agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living
Wage Ordinance. If Licensee employs six (6) or more part-time, full-time or stipend employees, and
generates $350,000 or more in annual gross receipts, Licensee will be required to provide all eligible
employees with City mandated minimum compensation during the term of this License, as defined in
B.M.C. Chapter 13.27, and well as comply with the terms enumerated herein.
7
b. Licensee shall be required to maintain all reasonable records and documents that would
establish whether Licensee is subject to Berkeley’s Living Wage Ordinance (LWO). If Licensee is
subject to the LWO, as defined therein, Licensee shall be further required to maintain monthly records
of those employees located on the Property. These records shall include the total number of hours
worked, the number of hours spent providing service on the Property, the hourly rate paid, and the
amount paid by Licensee for health benefits, if any, for each of its employees providing services under
the License. The records described in this Section shall be made available upon the City’s request. The
failure to produce these records upon demand shall be considered grounds for termination of this
License in accordance with section 2 of this License.
c. If Licensee is subject to the LWO, Licensee shall include the requirements of the ordinance,
as defined in B.M.C. Chapter 13.27, in any and all sublicense agreements in which Licensee enters with
regard to the Property. Sub licensees shall be required to comply with this ordinance with regard to any
employees who spend 25% or more of their compensated time on the Property.
d. If Licensee fails to comply with the requirements of the LWO and this License, the City shall
have the rights and remedies described in this Section, in addition to any rights and remedies provided
by law or equity.
Licensee’s failure to comply with this Section shall be considered grounds for termination of this
License in accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount
of $50 per employee per day for each and every instance of an underpayment to an employee. It is
mutually understood and agreed that Licensee’s failure to pay any of its eligible employees at least the
applicable living wage rate will result in damages being sustained by the City; that the nature and
amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set
forth herein is the nearest and most exact measure of damage for such breach that can be fixed at this
time; and that the liquidated damage amount is not intended as a penalty of forfeiture for Licensee’s
breach.
23. BERKELEY EQUAL BENEFITS ORDINANCE
a. Licensee hereby agrees to comply with the provisions of the Berkeley Equal Benefits
Ordinance, B.M.C. Chapter 13.29. If Licensee generates $350,000 or more in annual gross receipts,
Licensee will be required to provide all eligible employees with City mandated equal benefits during the
term of this License, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated
herein.
b. If Licensee is currently or becomes subject to the Berkeley Equal Benefits Ordinance,
Licensee agrees to supply the City with any records the City deems necessary to determine compliance
with this provision. Failure to do so shall be considered grounds for termination of this License in
accordance with section 2 of this License.
c. If Licensee fails to comply with the requirements of this Section, City shall have the rights
and remedies described in this Section, in addition to any rights and remedies provided by law or equity.
Licensee’s failure to comply with this Section shall constitute grounds for termination of this License in
accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount
of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually
understood and agreed that Licensee’s failure to provide its employees with equal benefits will result in
damages being sustained by City; that the nature and amount of these damages will be extremely
difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact
8
measure of damages for such breach that can be fixed at this time; and that the liquidated damage
amount is not intended as a penalty or forfeiture for Licensee’s breach.
24. CONFLICT OF INTEREST PROHIBITED
a. In accordance with Government Code section 1090, Berkeley City Charter section 36, and the
B.M.C. Chapter 3.64, neither Licensee nor any employee, officer, director, partner or member of
Licensee, or immediate family member of any of the preceding, shall have served as an elected officer,
an employee, or a City board, committee or commission member, who has directly or indirectly
influenced the making of this License.
b. In accordance with Government Code section 1090 and the Political Reform Act, Government
Code section 87100 et seq., no person who is a director, officer, partner, trustee, employee or consultant
of the Licensee, or immediate family member of any of the preceding, shall make or participate in a
decision made by the City or a City board, commission or committee, if it is reasonably foreseeable that
the decision will have a material effect on any source of income, investment or interest in real property
of that person or Licensee.
c. Interpretation of this section shall be governed by the definitions and provisions used in the
Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals
and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64.
25. NUCLEAR FREE BERKELEY
Licensee agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act.
26. RECYCLED PAPER FOR WRITTEN REPORTS
If Licensee is required by this License to prepare a written report or study, Licensee shall use recycled
paper for said report or study when such paper is available at a cost of not more than ten percent (10%)
more than the cost of virgin paper, and when such paper is available at the time it is needed. For the
purposes of this License, recycled paper is paper that contains at least fifty percent (50%) recycled
product. If recycled paper is not available, Licensee shall use white paper. Written reports or studies
prepared under this License shall be printed on both sides of the page whenever practical.
27. PESTICIDES; EFFECT ON SUCCESSORS AND ASSIGNS; RISK OF LOSS
a. All use of pesticides on the premises shall be in compliance with the City of Berkeley’s Pesticide
Use Policy as it exists at the time of such use.
b. This License shall be binding on and inure to the benefit of the heirs, executors, administrators,
successors, and assigns of the parties hereto.
c. Licensee bears all risk of loss under this License.
28. AUDIT
The City Auditor’s Office, or its designee, may conduct at any time an audit of Licensee’s financial and
compliance records maintained in connection with the operations and services performed under this
License, and with the payments made under this License. In the event of such audit, Licensee agrees to
make all such financial and compliance records available to the Auditor’s Office, or its designee. City
agrees to provide Licensee an opportunity to discuss and respond to any findings before a final audit
report is filed.
29. SETOFF AGAINST DEBTS
9
Licensee agrees that City may deduct from any payments due to Licensee under this License any
amounts due to the City, and any monies that Licensee owes City under any ordinance, agreement or
resolution for any unpaid taxes, fees, licenses, unpaid checks or other amounts.
30. GOVERNING LAW; AMENDMENTS
a. The laws of the State of California shall govern this License.
b. The term of this License shall not be altered or otherwise modified except by a written amendment
to this License executed by City and Licensee.
31. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER
Licensee has obtained a City business license as required by B.M.C. Chapter 9.04, and its license
number is written below; or, Licensee is exempt from the provisions of B.M.C. Chapter 9.04 and has
written below the specific B.M.C. section under which it is exempt. Licensee shall pay all state and
federal income taxes and any other taxes due. Licensee certifies under penalty of perjury that the
taxpayer identification number written below is correct.
32. SEVERABILITY; WAIVER
a. If any part of this License or the application thereof is declared invalid for any reason, such
invalidity shall not affect the other terms of this License which can be given effect without the
invalid provision or application, and to this end the provisions of this License are declared to be
severable.
b. Failure of City to insist on strict performance shall not constitute a waiver of any of the provisions
of this License or a waiver of any other default of Licensee.
33. ENTIRE AGREEMENT
a. The terms and conditions of this License, all exhibits attached and any documents expressly
incorporated by reference represent the entire agreement between the parties with respect to the subject
matter of this License. This License shall supersede any and all prior agreements, oral or written,
regarding the subject matter between City and Licensee. No other agreement, statement, or promise
relating to the subject matter of this License shall be valid or binding except by a written amendment to
this License.
b. If any conflicts arise between the terms and conditions of this License and the terms and
conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of
this License shall control.
IN WITNESS WHEREOF, City and Licensee have executed this License as of the date
written on the first paragraph of this License.
CITY OF BERKELEY
By ___________________________
CITY MANAGER
Registered by: Approved as to form:
____________________________
CITY AUDITOR CITY ATTORNEY
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Attest:
________________________
CITY CLERK
_________________________________
By: ______________________________
Its: ______________________________
Tax Identification No. .
Berkeley Business License No. ______________
Incorporated: Yes No
Certified Woman Business Enterprise: Yes No
Certified Minority Business Enterprise: Yes No
If yes, state ethnicity: ______________________
Certified Disadvantaged Business Enterprise: Yes No
11
EXHIBIT A
PROPERTY DESCRIPTION
Premises are shown in the diagram below, and are generally described as a single-room office on the
sourth face of the building, and shared us of the first floor conference room.
12
EXHIBIT B
PAYMENT
1) Payments shall be due and payable upon execution of the agreement and the check made payable
to the “City of Berkeley.” Payments shall be paid at Finance Department Customer Service
Center at 1947 Center Street, 1st Floor, Berkeley, CA 94704
2) Failure to make full payments on time is grounds for termination of this License by the City.
3) The license fee shall be $1.00 per year.
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Attachment 1
SECURITY RULES FOR CITY BUILDINGS
Interior Rules/Signage
1. No member of the public may enter an interior area of a City building once a City employee
advises that the area is closed to the public.
2. No member of the public may enter an interior area of a City building that is signed in any manner
that suggests that the public should not enter, unless given permission to enter by a City employee.
Such signs include, but are not limited to: “Reception Area – Please Check In,” “Private,” and
“Employees Only”
3. A member of the public may remain in the lobby, hallways, waiting areas, or similar public areas
inside a City building only as long as necessary to conduct City-related business or contact an
employee. Members of the public may not wait in a City building for a City employee
indefinitely, and may be asked to return at another time when the employee is expected to be in
the office. When signage is not practical: use verbal warnings.
4. Bathrooms in City buildings shall not be used for bathing or washing clothes, unless the bathroom
is equipped for such uses and the person is authorized to use the bathroom for such purposes.
Acceptable Signage, But Only If The Problem Is Recurring: “No Bathing Allowed” or “No
Bathing Or Washing Laundry Allowed”
5. In City buildings, no member of the public may:
a. Yell, threaten, or use profanity or rude, insulting language against City staff, e.g., calling the
City staff member a “bastard” or an “idiot” in an attempt to intimidate the staff member into
doing something that the staff member cannot do;
b. Disturb or annoy anyone with loud or unreasonable noise;
c. Insist that City staff provide a service, explanation or document that City staff has made clear
cannot be provided at that time;
d. Insist on meeting with a City staff member or supervisor after being told that the person is
either not available or will not meet with the person;
e. Conduct oneself in a manner that obstructs or intimidates City staff or patrons;
f. Block City entrances, ramps, or exits;
g. Enter a City building with animals other than service animals authorized by law;
h. Ride bikes, skates, scooters, Segways, skateboards, and other devices designed to enhance
mobility but not intended for indoor use;
i. Smoke, eat, or drink, except where expressly permitted;
j. Lie on the floor or sleep; or
k. Exude extremely offensive odors
Exterior Rules/Signage
1. No member of the public may remain on the exterior steps or exterior grounds1 of City buildings,
unless the person is there to conduct City-related business or contact an employee.
1 “Exterior grounds” means the area between the outer building façade and the property line. Exterior
grounds can include an off-street parking lot. However, a public sidewalk is not part of the exterior
grounds. (BMC § 13.36.065(B).) Also, if the City only leases a portion of a building, this rule still applies
to the entire “exterior grounds.” (BMC § 13.36.065(B).)
14
Acceptable Signage: “No Sitting On Steps – BMC 13.36.065” and/or “Building Steps And Grounds For
City Business Only – BMC 13.36.065.”2 (See following text of BMC 13.36)
2 Due to technical legal problems, do not use the words “no loitering” in any sign. Rather, use the
recommended language.
15
Chapter 13.36 DISORDERLY CONDUCT*
Section 13.36.065 Violating building security rules for City buildings.
A. Purpose. The purpose of this section is to enable the City Manager to establish building security
rules for buildings that the City of Berkeley owns or leases for City government business or
services. The City Manager’s building security rules will be designed to maintain the safety of City
employees and patrons, facilitate the City’s ability to do government business and provide services,
and prevent damage to City facilities. The City Manager’s building security rules may apply to all
City buildings, as defined in this section, or only to specific City buildings, depending on the
security needs at each site.
B. Definitions. “City building” as used in this section means any building that the City of Berkeley
owns or leases for the purpose of conducting City government business or providing City services.
If only a part of the interior of a building is leased by the City for City government business or
services, then “City building” shall apply to only that part of the interior of the building. In
addition, if only a part of the interior of a building is leased by the City for City government
business or services, then “City building” shall also include the entire exterior curtilage of the
building, unless the building owner or occupant authorizes the conduct prohibited by this section on
the exterior curtilage.
“Curtilage” as used in this section means the exterior grounds of a building. “Curtilage” shall
include the steps and grounds that lie between the outer facade of the building and either (1) the
public sidewalk, (2) a formally dedicated public park, or (3) the adjacent private property. Curtilage
does not include the public sidewalk or a formally dedicated public park, but rather, ends there.
C. Prohibited Conduct. No person shall violate the City Manager’s building security rules governing
any City building. The City Manager’s building security rules shall promote safety for City
employees and patrons, facilitate the City’s ability to provide services, and/or help prevent damage
to City facilities. The City Manager’s building security rules shall include, but need not be limited
to, prohibiting persons from:
(1) Entering designated areas that are not open to the general public inside of City
buildings without permission from a City employee or agent, and
(2) Remaining inside of or on the curtilage of a City building without a purpose related to
conducting business, accessing services, or contacting an occupant on the premises.
D. Citation. No person shall be arrested or cited under this section unless the person engages in
conduct prohibited by this section after having been notified by a City official that he or she is in
violation of the prohibition in this section.
E. Penalty. Notwithstanding the provisions of Section 13.36.100, violation of this section shall be
either an infraction or a misdemeanor, in the discretion of the prosecutor, and upon conviction shall
be punishable as set forth in Chapter 1.20 of this code. (Ord. 6486-NS § 1, 1999)
16
Attachment 2
SETTING UP A RECYCLING PROGRAM
A. Recycling and Composting Guidelines
1. All occupants in City-owned facilities must participate in recycling services provided by
the City or provide an acceptable alternative for approval of City’s Recycling Supervisor.
a. Assign someone to be in charge of your recycling program, and communicate
needs and questions to the City’s Solid Waste Management Division.
b. Recycle corrugated cardboard, office papers and beverage containers (glass
bottles, plastic bottles and cans).
c. Place collection containers at convenient locations for licensee and employees
including at desk sides and copy rooms, and containers for bottles/cans. See
Section B below.
d.
e. Educate employees about recycling procedures.
f. Cooperate fully to make recyclables available for collection.
g. Recycle batteries and office equipment (contact City’s Solid Waste Management
Division for information about vendors).
2. Cafeterias and commercial kitchens may participate in the City’s organics recycling
program, with approval of refuse supervisor. The City will provide containers and
training.
3. Licensee shall recycle construction waste from any licensee improvements.
4. The City shall provide the following services at standard rates:
a. Curbside collection service (cart) or on site for bins.
b. Containers for desk side, copy room and storage.
c. Assistance designing your recycling program.
d. Training and instructive posters.
5. Standard Rates:
a. There is no charge for recycling services for bottles/cans, papers and cardboard.
b. Organics collection is charged at 80% of equivalent refuse service.
B. Recycling happens in four phases:
1. Convenient separation where it’s first generated:
a. Container next to each desk to hold office paper and trash.
b. Container by each copy machine. This container should be at least 13 gallons
and can double as the central container for the office.
c. Container for bottles/cans in the break room.
2. Move small amounts to a central collection container:
a. Employees usually empty their desk side containers into a larger central
container. Often this doubles as the copy-room container.
b. Employees put their bottles/cans into a container in the break room.
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3. Licensee is responsible to transfer the paper to the licensee’s storage location, and setting
storage containers by the curbside by 7:00 a.m. on collection day and bringing them back
to the storage area as soon as possible after they are emptied.
4. The City will pick up recycling materials on the regular collection day.
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Attachment 3
Office of the City Manager
MEMORANDUM
January 11, 2001
TO: All Staff
FROM: Weldon Rucker, Acting City Manager
RE: MUNICIPAL ELECTRIC LOAD CURTAILMENT
As you are aware, California’s electric system is in a fragile condition. In order to prevent rolling
blackouts, the City shall curtail municipal electric loads as described below. Since this problem is likely to
persist, these procedures shall remain in effect until further notice.
The California Independent System Operator (ISO) issues alerts when power supply margins are too low.
A Stage II emergency seeks voluntary load curtailment. A Stage III Emergency orders utilities to institute
rolling black outs.
At all times, regardless of the ISO Emergency status, the procedures below shall be followed.
1) Site Safety Coordinators shall:
a) ensure that non-essential equipment including copiers, printers, computers, lights, space heaters,
air conditioners, fans and air compressors are turned off at the end of the day;
b) ensure that Energy Saver features are enabled on all office equipment (copiers, printers, PCs,
faxes);
c) minimize use of incandescent lighting (call the Energy Office to replace incandescent desk lamps
with fluorescents); and,
d) be familiar with Stage II procedures.
2) No new incandescent (including halogen and quartz) floor or desk lamps may be purchased.
3) Information Systems shall set Energy Star features on all new installs and service calls.
4) Public Works Facilities Management shall review and correct settings on all setback thermostats
(Operating hours: heat = 68 degrees; cooling = 74 degrees. Non-operating hours: heat = 55 degrees;
cooling 90 = degrees).
5) Parks and Waterfront and Health and Human Services shall prepare a plan to notify ball field users of
closures.
During Stage II Emergencies, the procedures below shall be followed:
1) Public Works and the Communications Center shall notify each other and Information Systems of the
Stage II notice.
2) Information Systems shall send an email to Everyone (that includes excerpts from this document).
3) Site Safety Coordinators shall:
a) Disconnect electric vehicles from chargers;
b) Ensure all procedures above are implemented;
c) Turn off all non-essential air compressors;
d) Turn off all space heaters, window box air conditioners and fans;
e) Turn off all unused office equipment;
f) Turn off all unnecessary overhead lighting; use fluorescent task lighting and daylight; and,
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g) Reset thermostats to 78 degrees for cooling and to turn off ventilation equipment when
heating/cooling element is not on.
4) Health and Human Services and Parks and Waterfront shall notify ball field users of the emergency
and shall turn off ball field lighting.
5) Parks and Waterfront shall turn off ball court lighting.
For more information, please contact Neal De Snoo of the Energy Office at 981-5434.
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Attachment 6
RESOLUTION NO. –N.S.
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT
AND ANY AMENDMENTS WITH THE DOROTHY DAY HOUSE LOCATED AT
1931 CENTER STREET FOR OPERATION OF THE TRINITY CHURCH
BREAKFAST PROGRAM AND MEN’S SHELTER FEEDING PROGRAM
WHEREAS, the Dorothy Day House operates the Trinity Church Breakfast Program and
provides breakfast for the homeless six days a week with food prepared in the basement
kitchen of 1931 Center Street; and
WHEREAS, the Dorothy Day House also prepares and serves dinner seven days per
week to the occupants of the Berkeley Food and Housing Project’s Men’s Overnight
Assistance Center; and
WHEREAS, the Dorothy Day House provides valuable and needed services to the
community; and
WHEREAS, the Dorothy Day House requires a location to continue to provide its
services to the public.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the
City manager is authorized to execute a license agreement and any amendments with
Dorothy Day House in a form that is substantially similar to that attached to this
resolution.
Attachment 6 – Exhibit A
LICENSE AGREEMENT
This AGREEMENT is entered into on _____________ by and between the CITY OF
BERKELEY, a Charter City organized and existing under the laws of the State of
California (“City”) and DOROTHY DAY HOUSE (“Licensee”), a _________________,
who agree as follows.
1. LICENSE
a. Subject to all the terms and conditions herein, City hereby grants Licensee use of that portion of
the City’s property at 1931 Center Street in Berkeley, County of Alameda, State of California (“the
Property”) shown on Exhibit A, attached hereto and made a part hereof. This License is not a lease;
Licensee does not by this License obtain an exclusive right, against the City or the public, to any part of the
Property.
b. This License is granted for the purpose of ___________________________________.
2. TERM
This License shall take effect once executed by Licensee and approved by the Berkeley City Council (the
“effective date”). It shall remain in effect on a month-to-month basis, starting with the effective date,
subject to the following:
Either party may terminate this License for any reason within thirty (30) days prior written notice
to the other party. Either party may terminate this License for default upon fifteen (15) days’ written notice
to the other if the other party has substantially failed to fulfill any of its obligations under this License in a
timely manner.
3. LICENSE FEE
a. In consideration for the rights conveyed by this License, Licensee shall pay the City $________
per year, which shall be due and payable on upon execution of this agreement, as specified in Exhibit B.
4. NOTICES
A written notice shall be deemed served upon mailing said notice to the other party and depositing the same
with the U.S. Post Office, first class mail, with postage paid.
For purposes of this License, all notices to the City shall be addressed to:
Hallie Llamas, Real Property Manager
Public Works Department
1947 Center Street, 4th Flr.
Berkeley, CA 94704
For purposes of this License, all notices to Licensee shall be addressed to:
____________________________
____________________________
____________________________
5. GENERAL - OCCUPANCY RULES AND REGULATIONS
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a. City may waive any one or more of the occupancy rules or regulations contained in this agreement
for the benefit of any particular licensee or licensees, but no waiver by City will be construed as a waiver of
those rules and regulations in favor of any other licensee, nor prevent City from enforcing any of those
rules and regulations against any or all of the licensees of 1931 Center Street. Any waiver of rules and
regulations by City shall be in writing.
b. City reserves the right at any time to change or rescind any one or more of the rules and
regulations or to make any additional reasonable rules and regulations that, in City’s judgment, may be
necessary for:
i) management, safety, care, and cleanliness of the premises, building and real property;
ii) preservation of good order; and
iii) convenience of other occupants and licensees in the premises, building and real property.
6. HEALTH, SAFETY AND ACCESSIBILITY (applicable to licensees described below)
Berkeley Opportunities for Self-Sufficiency (BOSS)/Multi-Agency Service Center (MASC),
Berkeley Food Housing Project (BFHP) and Dorothy Day Housing (DDH) shall make all reasonable efforts
to comply with the Alameda County-wide Homeless Continuum of Care Health, Safety and Accessibility
Standards for Shelter Facilities in Alameda County.
7. MAINTENANCE AND ALTERATIONS
a. Licensee shall maintain the Property used pursuant to this License in good order and repair and
reasonably free and clean of all debris, trash and rubble. Upon termination of this License, Licensee shall,
at its own cost, remove any equipment or materials installed by Licensee and shall surrender the Property to
City in the same condition as at the commencement of this License with the exception of reasonable wear
and tear. Licensee shall reimburse the City for any expenses incurred by the City for any damage to the
Property resulting from this License.
b. Licensee shall not construct or place any facilities on the Property, or install any equipment on the
Property, or make any alterations or improvements to the Property, without the City’s prior written consent.
c. Licensee shall be responsible for any and all janitorial services required on the premises. The City
shall provide janitorial services for the common areas.
d. Licensee shall be responsible for the payment of all utilities, including water, gas, electricity,
trash collection/maintenance and other services delivered to the premises. In the case of electricity, gas,
water and sewer utilities and building maintenance, these services will be provided by the City and
Licensee shall pay the City a fee as provided in Section 3 above. Licensee shall be directly responsible for
paying fees for other services.
e. No sign, placard, picture, name, advertisement, or notice visible from the exterior of the
premises will be inscribed, painted, affixed, or otherwise displayed by licensee on any part of 1931 Center
Street without the prior written consent of the City. Material visible outside the building will not be
permitted.
f. Licensee shall assume all responsibility for protecting the premises from theft, robbery,
pilferage, vandalism, damage, or waste, including keeping doors locked and other means of entry to the
premises closed and turning off all water faucets, water apparatus, and utilities.
g. Licensee shall conduct business in a manner that will not cause damage to the building or property
including but not limited to (i.e., not overloading the circuits, inappropriate use of extension cords,
exceeding maximum weight on stage and any other floor area, etc.)
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8. SECURITY
a. Pursuant to BMC Section 13.36.065, Licensee shall comply with security rules for City buildings.
The City Manager’s building security rules are designed to maintain the safety of City employees and
patrons, facilitate the City’s ability to do government business and provide services, and prevent damage to
City facilities. (See Attachment 1.)
b. Access keys to licensee’s space shall be provided by Public Works Maintenance only and
no keys shall be duplicated without consent of the City of Berkeley Public Works Maintenance Division.
Licensee may not change any locks. The City will have access to all space in the building in the event of
an emergency.
c. Courtyard: BOSS/MASC, Options Recovery Services and BFHP will share responsibility for
responding appropriately when unsafe behavior by clients on the premises threatens the safety of the
building or the general public. BFHP staff will perform this role in the courtyard from 5 p.m. to 7 a.m.
nightly. BFHP staff will ensure courtyard gate is locked nightly at 7 p.m. BOSS/MASC staff will patrol the
courtyard jointly with Options Recovery Services from 8 a.m. to 4 p.m. Staff shall patrol the courtyard
jointly on a regular basis and keep a log of activity. Options Recovery Services will patrol the courtyard
from 4 p.m. to 5 p.m. daily.
Courtyard Schedule:
7 p.m. – Lock Gate – Berkeley Food and Housing Project
5 p.m. to 7 a.m. – Berkeley Food and Housing Project
8 a.m. to 4 p.m. – Joint Patrol MASC/Options
4 p.m. to 5 p.m. – Options Recovery Services
d. Holiday Coverage: When MASC is closed for holidays and when Options Recovery Services is
open, Options staff will be responsible for the courtyard, front steps, and parking lot security.
e. Front Steps: BOSS/MASC and Options staff will ensure security of the front steps jointly daily
and keep an activity log. BFHP staff will be responsible for front steps at night from inside the building.
9. JANITORIAL TO BE PROVIDED BY LICENSEES
a. Bathrooms:
i. BOSS/MASC will stock basement bathrooms in the morning, and clean them at closing
time each day.
ii. BFHP will stock basement bathrooms in the evening and clean in the mornings.
iii. BOSS/MASC/BFHP will organize and jointly pay for a deep cleaning service of the men’s
bathroom on a regular basis at least twelve times per year.
iv. Options will clean the front hallway and first floor restrooms for both men and women on a
daily basis.
b. Courtyard:
i. BOSS/MASC will clean courtyard in the late afternoon daily.
ii. BFHP will clean courtyard in the morning daily. .
c. Other:
BFHP and BOSS/MASC will share the cost and organize jointly waxing all floors and
cleaning all carpeting on an annual basis.
10. USE OF KITCHEN FACILITY
a. Use of the kitchen will be shared between BOSS/MASC, BFHP, and Dorothy Day House
(DDH) and all three agencies will have keys to the kitchen. Hours of use are as follows: Dorothy Day
House: Monday through Sunday: 5 a.m. to 11 a.m. and 5:30 p.m. to 8:00 p.m. Any DDH volunteers must
3
be under supervision by a team leader.
b. A list of authorized personnel from DDH will be submitted to BOSS/MASC and BFHP. DDH
team leaders will have access to the kitchen from 11 a.m. until 5:30 p.m. in order to clean and receive
deliveries; all DDH personnel will check in with BOSS/MASC and BFHP staff prior to using the kitchen
during this period.
i. BOSS/MASC: Staff shall use kitchen as needed under the supervision of the Program
Manager.
ii. BFHP: Staff shall use kitchen as needed under the supervision of the Program Manager.
11. NO SMOKING
a. Pursuant to Berkeley Municipal Code (BMC) Ch. 12.70, no smoking is allowed in public places.
This includes, but is not limited to within 20 feet of any entrance, exit or air intake vent to 1931 Center
Street, except while passing on the way to another destination.
b. No smoking is allowed in the parking lot or courtyard at 1931 Center Street.
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12. ENVIRONMENTAL
a. Licensee shall follow all environmental rules and regulations as they apply to City agencies.
Specifically, licensee shall minimize waste and recycle and compost, as per Recycling and Composting
Guidelines for City Buildings. Guidelines for creating a recycling program are attached as Attachment 2.
Licensee must participate in a recycling service provided by the City or provide an acceptable alternative
with the approval of the City’s Recycling Supervisor. To that end, Licensee shall:
Assign someone to be in charge of its recycling program, and to communicate needs and
questions to the City’s Solid Waste Management Division.
i. Recycle corrugated cardboard, office papers and beverage containers (glass
bottles, plastic bottles and cans).
ii. Place collection containers for paper at desk sides and copy rooms, and break
rooms. (See Attachment 2 for details.)
iii. Provide a location for custodians to pick up flattened empty cardboard boxes. A
central paper container is acceptable.
iv. Educate employees and new employees about recycling procedures.
v. Cooperate with the custodial service to make recyclables available for
collection.
vi. Recycle batteries and office equipment (contact the City’s Solid Waste
Management Division for information about vendors).
vii. Cafeterias and commercial kitchens may participate in the City’s organics
recycling program, with the approval of the City’s Solid Waste Supervisor. City
provides containers and training.
viii. Licensee shall recycle construction waste from tenant improvements.
ix. Licensee shall conserve energy as specified in the City Manager’s January 11,
2001 memorandum as shown in Attachment 3.
13. ACCESS TO PROPERTY; TAXES, ASSESSMENTS, AND OTHER CHARGES
a. City, including its agents and employees, reserves the right to enter the Property and make any
improvements thereon at reasonable times, provided such entry does not cause unreasonable interference
with Licensee’s activities.
b. Licensee shall pay all personal property taxes levied on account of personal property owned by
Licensee on the Property, and pay any in-lieu, possessory interest, or use taxes imposed by reason of
Licensee’s use or occupancy of the Property.
14. ASSIGNMENT AND SUBLICENSING PROHIBITED
This License is personal to Licensee. Notwithstanding references to assignees and/or sublicensees
elsewhere in this License, if any, Licensee may not assign or sublicense this License in whole or in part
without the prior written consent of the City, and any attempt to assign or sublicense this License shall
terminate it.
15. INDEMNIFICATION
a. Licensee shall indemnify, defend and hold City, its officers, agents, volunteers and employees
harmless from: 1) all claims of liability for any damage to property or injury or death to any person
occurring in, on, or about the Property; 2) all claims of liability arising out of or in any way connected with
Licensee’s operations under this License, or any act or omission by Licensee, its officers, partners,
directors, employees, agents, contractors, subcontractors or invitees; and 3) all damages, liability, fines,
penalties, and any other consequences arising from any noncompliance or violation of any laws,
ordinances, codes, or regulations, including but not limited to the Occupational Safety and Health Act of
5
1979 and the Americans with Disabilities Act of 1990. Except, however, that City shall hold Licensee
harmless from all claims of liability for damage resulting from the negligent or wrongful acts or omissions
of City or its authorized representatives.
b. Neither Licensee nor its assignees, heirs, guardians, and legal representatives shall make a
claim against or sue City or its employees, agents or contractors for injury or damage resulting from the
negligence, whether active or passive, or other acts, however caused, by any employee, agent, or
contractor of the City as a result of Licensee’s presence on the Property. Licensee hereby acknowledges
that the Property specifically and 1931 Center Street generally requires certain structural or code
upgrades and accepts the condition of the premises “as is.”
c. LICENSEE ACKNOWLEDGES THAT 1931 CENTER STREET HAS BEEN DEEMED TO
BE UNSAFE AND SUBJECT TO SEVERE DAMAGE DURING ANY MAJOR EARTHQUAKE.
LICENSEE OCCUPIES THE BUILDING AT ITS OWN RISK. LICENSEE HEREBY RELEASES
AND DISCHARGES THE CITY OF BERKELEY AND ITS EMPLOYEES, AGENTS,
CONTRACTORS FROM ALL ACTIONS, CLAIMS OR DEMANDS THAT LICENSEE, ITS HEIRS,
GUARDIANS, AND LEGAL RPERESENTATIVES NOW HAVE OR MAY HAVE IN THE
FUTURE FOR INJURY OR DAMAGE RESULTING FROM AN EARTHQUAKE.
16. INSURANCE
a. Licensee at its cost shall maintain commercial general liability and property damage insurance
with a single combined liability limit of $2,000,000.00 per occurrence insuring against all liability of
Licensee and its authorized representatives arising out of and in connection with Licensee’s use or
occupancy of the Property. All such insurance shall insure performance by Licensee of the preceding
indemnity provisions. All insurance shall name the City, its officers, agents, volunteers and employees
as additional insureds and shall provide primary coverage with respect to the City.
b. If the insurance referred to above is written on a Claims Made Form, then following
termination of this License, coverage shall survive for a period of not less than five years. Coverage
shall also provide for a retroactive date of placement coinciding with the effective date of this License.
c. Licensee at its cost shall maintain on all its personal property, Licensee’s improvements, and
alterations, in, on, or about the Property, a policy of standard fire and extended coverage insurance, with
vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the
proceeds from any such policy shall be used by Licensee for the replacement of personal property or the
restoration of Licensee’s improvements or alterations.
d. If Licensee employs any person, it shall carry workers’ compensation and employer’s liability
insurance and shall provide a certificate of insurance to the City. The workers’ compensation insurance
shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and
conditions of said insurance except upon thirty (30) days prior written notice to the City; provide for a
waiver of any right of subrogation against City to the extent permitted by law; and be approved as to
form and sufficiency by the City’s Risk Manager.
e. Licensee shall forward all insurance documents to Hallie Llamas, Real
Property Manager, 1947 Center Street, 4th Flr., Berkeley, California, 94704.
17. CONFORMITY WITH LAW
a. Licensee shall observe and comply with all applicable laws. Licensee shall release, defend,
indemnify and hold harmless City, its officers, agents, volunteers and employees from any and all
damages, liability, fines, penalties and consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
6
b. If a death, serious personal injury or substantial property damage occurs in connection with
the performance of this License, Licensee shall immediately notify the City’s Risk Manager by
telephone. If any accident occurs in connection with this License, Licensee shall promptly submit a
written report to City, in such form as the City may require. This report shall include the following
information: 1) name and address of the injured or deceased person(s); 2) name and address of
Licensee’s sub licensee, if any; 3) name and address of Licensee’s liability insurance carrier; and 4) a
detailed description of the accident, including whether any of City’s equipment, tools or materials were
involved.
c. If a release of hazardous materials or hazardous waste occurs in connection with the
performance of this License, Licensee shall immediately notify the Berkeley Police Department and the
City’s Emergency and Toxics Management office.
d. Licensee shall not store hazardous materials or hazardous waste within the City of Berkeley
without a proper permit from the City.
18. INDEPENDENT CAPACITY
For purposes of this License, and for the duration of this License, Licensee, including its agents and
employees, shall be, and is, an independent contractor and not an agent or employee of the City.
Licensee has and shall retain the right to exercise full control and supervision of the services, and full
control over the employment, direction, compensation and discharge of all persons assisting Licensee in
the performance of this License. Licensee shall be solely responsible for all matters relating to the
payment of its employees, including compliance with Social Security, withholding, and all other
regulations governing such matters, and shall be solely responsible for its own acts and those of its
agents and employees.
19. CITY NON-DISCRIMINATION ORDINANCE
Licensee hereby agrees to comply with the provisions of Berkeley Municipal Code (“BMC”) Chapter
13.26 as amended from time to time. In the performance of this License, Licensee agrees as follows:
a. Licensee shall not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability,
sexual orientation or AIDS.
b. Licensee shall permit the City access to records of employment, employment advertisements,
application forms, EEO-1 forms, affirmative action plans and any other documents which, in the
opinion of the City, are necessary to monitor compliance with this non-discrimination provision. In
addition, Licensee shall fill out, in a timely fashion, forms supplied by the City to monitor this non-
discrimination provision.
20. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
a. If Licensee provides any aid, service or benefit to others on the City’s behalf, Licensee shall,
in the provision of such aid, service or benefit, observe and comply with all applicable provisions of
Title II of the Americans with Disabilities Act of 1990 and any amendments thereto. Licensee shall
further observe and comply with all applicable federal, state, municipal and local laws, ordinances,
codes and regulations prohibiting discrimination against individuals with disabilities and shall ensure
that individuals with disabilities are not excluded from participating in or receiving benefits, services or
activities of the City.
b. If Licensee is or becomes a "public accommodation" as defined in Title III of the Americans
with Disabilities Act of 1990, Licensee shall observe and comply with all applicable provisions of the
Act and any amendments thereto, and all applicable federal, state, municipal and local laws, ordinances,
7
codes and regulations prohibiting discrimination on the basis of disability in the full and equal
enjoyment of goods, services, facilities, privileges, advantages, or accommodations offered by the
Licensee. All of Licensee’s activities must be in accordance with these laws, ordinances, codes, and
regulations, and Licensee shall be solely responsible for complying therewith.
21. OPPRESSIVE STATES
a. In accordance with Resolution No. 59,853-N.S., Licensee certifies that it has no contractual
relations with, and agrees during the term of this License to forego contractual relations to provide
personal services to or to purchase, sell, lease or distribute commodities in the conduct of business with,
the following entities:
i) The governing regime in any Oppressive State.
ii) Any business or corporation organized under the authority of the governing
regime of any Oppressive State.
iii) Any individual, firm, partnership, corporation, association, or any other
commercial organization, and including parent-entities and wholly-owned
subsidiaries (to the extent that their operations are related to the purpose of its
contract with the City), for the express purpose of assisting in business
operations or trading with any public or private entity located in any Oppressive
State.
b. For purposes of this License, the Tibet Autonomous Region and the provinces of Ado, Kham,
and U-Tsang shall be deemed oppressive states.
c. Licensee’s failure to comply with this section shall constitute a default of this License and
City may terminate this License pursuant to Section 2. In the event that the City terminates this License
due to a default under this provision, City may deem Licensee a non-responsible bidder for five (5)
years from the date of termination.
22. LIVING WAGE ORDINANCE
a. Licensee agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living
Wage Ordinance. If Licensee employs six (6) or more part-time, full-time or stipend employees, and
generates $350,000 or more in annual gross receipts, Licensee will be required to provide all eligible
employees with City mandated minimum compensation during the term of this License, as defined in
B.M.C. Chapter 13.27, and well as comply with the terms enumerated herein.
b. Licensee shall be required to maintain all reasonable records and documents that would
establish whether Licensee is subject to Berkeley’s Living Wage Ordinance (LWO). If Licensee is
subject to the LWO, as defined therein, Licensee shall be further required to maintain monthly records
of those employees located on the Property. These records shall include the total number of hours
worked, the number of hours spent providing service on the Property, the hourly rate paid, and the
amount paid by Licensee for health benefits, if any, for each of its employees providing services under
the License. The records described in this Section shall be made available upon the City’s request. The
failure to produce these records upon demand shall be considered grounds for termination of this
License in accordance with section 2 of this License.
c. If Licensee is subject to the LWO, Licensee shall include the requirements of the ordinance,
as defined in B.M.C. Chapter 13.27, in any and all sublicense agreements in which Licensee enters with
regard to the Property. Sub licensees shall be required to comply with this ordinance with regard to any
employees who spend 25% or more of their compensated time on the Property.
d. If Licensee fails to comply with the requirements of the LWO and this License, the City shall
have the rights and remedies described in this Section, in addition to any rights and remedies provided
by law or equity.
8
Licensee’s failure to comply with this Section shall be considered grounds for termination of this
License in accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount
of $50 per employee per day for each and every instance of an underpayment to an employee. It is
mutually understood and agreed that Licensee’s failure to pay any of its eligible employees at least the
applicable living wage rate will result in damages being sustained by the City; that the nature and
amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set
forth herein is the nearest and most exact measure of damage for such breach that can be fixed at this
time; and that the liquidated damage amount is not intended as a penalty of forfeiture for Licensee’s
breach.
23. BERKELEY EQUAL BENEFITS ORDINANCE
a. Licensee hereby agrees to comply with the provisions of the Berkeley Equal Benefits
Ordinance, B.M.C. Chapter 13.29. If Licensee generates $350,000 or more in annual gross receipts,
Licensee will be required to provide all eligible employees with City mandated equal benefits during the
term of this License, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated
herein.
b. If Licensee is currently or becomes subject to the Berkeley Equal Benefits Ordinance,
Licensee agrees to supply the City with any records the City deems necessary to determine compliance
with this provision. Failure to do so shall be considered grounds for termination of this License in
accordance with section 2 of this License.
c. If Licensee fails to comply with the requirements of this Section, City shall have the rights
and remedies described in this Section, in addition to any rights and remedies provided by law or equity.
Licensee’s failure to comply with this Section shall constitute grounds for termination of this License in
accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount
of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually
understood and agreed that Licensee’s failure to provide its employees with equal benefits will result in
damages being sustained by City; that the nature and amount of these damages will be extremely
difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact
measure of damages for such breach that can be fixed at this time; and that the liquidated damage
amount is not intended as a penalty or forfeiture for Licensee’s breach.
24. CONFLICT OF INTEREST PROHIBITED
a. In accordance with Government Code section 1090, Berkeley City Charter section 36, and the
B.M.C. Chapter 3.64, neither Licensee nor any employee, officer, director, partner or member of
Licensee, or immediate family member of any of the preceding, shall have served as an elected officer,
an employee, or a City board, committee or commission member, who has directly or indirectly
influenced the making of this License.
b. In accordance with Government Code section 1090 and the Political Reform Act, Government
Code section 87100 et seq., no person who is a director, officer, partner, trustee, employee or consultant
of the Licensee, or immediate family member of any of the preceding, shall make or participate in a
decision made by the City or a City board, commission or committee, if it is reasonably foreseeable that
the decision will have a material effect on any source of income, investment or interest in real property
of that person or Licensee.
9
c. Interpretation of this section shall be governed by the definitions and provisions used in the
Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals
and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64.
25. NUCLEAR FREE BERKELEY
Licensee agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act.
26. RECYCLED PAPER FOR WRITTEN REPORTS
If Licensee is required by this License to prepare a written report or study, Licensee shall use recycled
paper for said report or study when such paper is available at a cost of not more than ten percent (10%)
more than the cost of virgin paper, and when such paper is available at the time it is needed. For the
purposes of this License, recycled paper is paper that contains at least fifty percent (50%) recycled
product. If recycled paper is not available, Licensee shall use white paper. Written reports or studies
prepared under this License shall be printed on both sides of the page whenever practical.
27. PESTICIDES; EFFECT ON SUCCESSORS AND ASSIGNS; RISK OF LOSS
a. All use of pesticides on the premises shall be in compliance with the City of Berkeley’s Pesticide
Use Policy as it exists at the time of such use.
b. This License shall be binding on and inure to the benefit of the heirs, executors, administrators,
successors, and assigns of the parties hereto.
c. Licensee bears all risk of loss under this License.
28. AUDIT
The City Auditor’s Office, or its designee, may conduct at any time an audit of Licensee’s financial and
compliance records maintained in connection with the operations and services performed under this
License, and with the payments made under this License. In the event of such audit, Licensee agrees to
make all such financial and compliance records available to the Auditor’s Office, or its designee. City
agrees to provide Licensee an opportunity to discuss and respond to any findings before a final audit
report is filed.
29. SETOFF AGAINST DEBTS
Licensee agrees that City may deduct from any payments due to Licensee under this License any
amounts due to the City, and any monies that Licensee owes City under any ordinance, agreement or
resolution for any unpaid taxes, fees, licenses, unpaid checks or other amounts.
30. GOVERNING LAW; AMENDMENTS
a. The laws of the State of California shall govern this License.
b. The term of this License shall not be altered or otherwise modified except by a written amendment
to this License executed by City and Licensee.
31. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER
Licensee has obtained a City business license as required by B.M.C. Chapter 9.04, and its license
number is written below; or, Licensee is exempt from the provisions of B.M.C. Chapter 9.04 and has
written below the specific B.M.C. section under which it is exempt. Licensee shall pay all state and
federal income taxes and any other taxes due. Licensee certifies under penalty of perjury that the
taxpayer identification number written below is correct.
32. SEVERABILITY; WAIVER
10
a. If any part of this License or the application thereof is declared invalid for any reason, such
invalidity shall not affect the other terms of this License which can be given effect without the
invalid provision or application, and to this end the provisions of this License are declared to be
severable.
b. Failure of City to insist on strict performance shall not constitute a waiver of any of the provisions
of this License or a waiver of any other default of Licensee.
33. ENTIRE AGREEMENT
a. The terms and conditions of this License, all exhibits attached and any documents expressly
incorporated by reference represent the entire agreement between the parties with respect to the subject
matter of this License. This License shall supersede any and all prior agreements, oral or written,
regarding the subject matter between City and Licensee. No other agreement, statement, or promise
relating to the subject matter of this License shall be valid or binding except by a written amendment to
this License.
b. If any conflicts arise between the terms and conditions of this License and the terms and
conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of
this License shall control.
IN WITNESS WHEREOF, City and Licensee have executed this License as of the date
written on the first paragraph of this License.
CITY OF BERKELEY
By ___________________________
CITY MANAGER
Registered by: Approved as to form:
____________________________
CITY AUDITOR CITY ATTORNEY
Attest:
________________________
CITY CLERK
_________________________________
By: ______________________________
Its: ______________________________
Tax Identification No. .
Berkeley Business License No. ______________
Incorporated: Yes No
Certified Woman Business Enterprise: Yes No
Certified Minority Business Enterprise: Yes No
If yes, state ethnicity: ______________________
Certified Disadvantaged Business Enterprise: Yes No
11
EXHIBIT A
PROPERTY DESCRIPTION
Dorothy Day House has shared use of the kitchen (Rooms 030 and 029) in the basement of 1931
Center Street (see map below for details).
12
EXHIBIT B
PAYMENT
1) Payments shall be due and payable upon execution of the agreement and the check made payable
to the “City of Berkeley.” Payments shall be paid at Finance Department Customer Service
Center at 1947 Center Street, 1st Floor, Berkeley, CA 94704
2) Failure to make full payments on time is grounds for termination of this License by the City.
3) The license fee shall be $100.00 per year.
13
Attachment 1
SECURITY RULES FOR CITY BUILDINGS
Interior Rules/Signage
1. No member of the public may enter an interior area of a City building once a City employee
advises that the area is closed to the public.
2. No member of the public may enter an interior area of a City building that is signed in any manner
that suggests that the public should not enter, unless given permission to enter by a City employee.
Such signs include, but are not limited to: “Reception Area – Please Check In,” “Private,” and
“Employees Only”
3. A member of the public may remain in the lobby, hallways, waiting areas, or similar public areas
inside a City building only as long as necessary to conduct City-related business or contact an
employee. Members of the public may not wait in a City building for a City employee
indefinitely, and may be asked to return at another time when the employee is expected to be in
the office. When signage is not practical: use verbal warnings.
4. Bathrooms in City buildings shall not be used for bathing or washing clothes, unless the bathroom
is equipped for such uses and the person is authorized to use the bathroom for such purposes.
Acceptable Signage, But Only If The Problem Is Recurring: “No Bathing Allowed” or “No
Bathing Or Washing Laundry Allowed”
5. In City buildings, no member of the public may:
a. Yell, threaten, or use profanity or rude, insulting language against City staff, e.g., calling the
City staff member a “bastard” or an “idiot” in an attempt to intimidate the staff member into
doing something that the staff member cannot do;
b. Disturb or annoy anyone with loud or unreasonable noise;
c. Insist that City staff provide a service, explanation or document that City staff has made clear
cannot be provided at that time;
d. Insist on meeting with a City staff member or supervisor after being told that the person is
either not available or will not meet with the person;
e. Conduct oneself in a manner that obstructs or intimidates City staff or patrons;
f. Block City entrances, ramps, or exits;
g. Enter a City building with animals other than service animals authorized by law;
h. Ride bikes, skates, scooters, Segways, skateboards, and other devices designed to enhance
mobility but not intended for indoor use;
i. Smoke, eat, or drink, except where expressly permitted;
j. Lie on the floor or sleep; or
k. Exude extremely offensive odors
Exterior Rules/Signage
1. No member of the public may remain on the exterior steps or exterior grounds1 of City buildings,
unless the person is there to conduct City-related business or contact an employee.
1 “Exterior grounds” means the area between the outer building façade and the property line. Exterior
grounds can include an off-street parking lot. However, a public sidewalk is not part of the exterior
grounds. (BMC § 13.36.065(B).) Also, if the City only leases a portion of a building, this rule still applies
to the entire “exterior grounds.” (BMC § 13.36.065(B).)
14
Acceptable Signage: “No Sitting On Steps – BMC 13.36.065” and/or “Building Steps And Grounds For
City Business Only – BMC 13.36.065.”2 (See following text of BMC 13.36)
2 Due to technical legal problems, do not use the words “no loitering” in any sign. Rather, use the
recommended language.
15
Chapter 13.36 DISORDERLY CONDUCT*
Section 13.36.065 Violating building security rules for City buildings.
A. Purpose. The purpose of this section is to enable the City Manager to establish building security
rules for buildings that the City of Berkeley owns or leases for City government business or
services. The City Manager’s building security rules will be designed to maintain the safety of City
employees and patrons, facilitate the City’s ability to do government business and provide services,
and prevent damage to City facilities. The City Manager’s building security rules may apply to all
City buildings, as defined in this section, or only to specific City buildings, depending on the
security needs at each site.
B. Definitions. “City building” as used in this section means any building that the City of Berkeley
owns or leases for the purpose of conducting City government business or providing City services.
If only a part of the interior of a building is leased by the City for City government business or
services, then “City building” shall apply to only that part of the interior of the building. In
addition, if only a part of the interior of a building is leased by the City for City government
business or services, then “City building” shall also include the entire exterior curtilage of the
building, unless the building owner or occupant authorizes the conduct prohibited by this section on
the exterior curtilage.
“Curtilage” as used in this section means the exterior grounds of a building. “Curtilage” shall
include the steps and grounds that lie between the outer facade of the building and either (1) the
public sidewalk, (2) a formally dedicated public park, or (3) the adjacent private property. Curtilage
does not include the public sidewalk or a formally dedicated public park, but rather, ends there.
C. Prohibited Conduct. No person shall violate the City Manager’s building security rules governing
any City building. The City Manager’s building security rules shall promote safety for City
employees and patrons, facilitate the City’s ability to provide services, and/or help prevent damage
to City facilities. The City Manager’s building security rules shall include, but need not be limited
to, prohibiting persons from:
(1) Entering designated areas that are not open to the general public inside of City
buildings without permission from a City employee or agent, and
(2) Remaining inside of or on the curtilage of a City building without a purpose related to
conducting business, accessing services, or contacting an occupant on the premises.
D. Citation. No person shall be arrested or cited under this section unless the person engages in
conduct prohibited by this section after having been notified by a City official that he or she is in
violation of the prohibition in this section.
E. Penalty. Notwithstanding the provisions of Section 13.36.100, violation of this section shall be
either an infraction or a misdemeanor, in the discretion of the prosecutor, and upon conviction shall
be punishable as set forth in Chapter 1.20 of this code. (Ord. 6486-NS § 1, 1999)
16
Attachment 2
SETTING UP A RECYCLING PROGRAM
A. Recycling and Composting Guidelines
1. All occupants in City-owned facilities must participate in recycling services provided by
the City or provide an acceptable alternative for approval of City’s Recycling Supervisor.
a. Assign someone to be in charge of your recycling program, and communicate
needs and questions to the City’s Solid Waste Management Division.
b. Recycle corrugated cardboard, office papers and beverage containers (glass
bottles, plastic bottles and cans).
c. Place collection containers at convenient locations for licensee and employees
including at desk sides and copy rooms, and containers for bottles/cans. See
Section B below.
d.
e. Educate employees about recycling procedures.
f. Cooperate fully to make recyclables available for collection.
g. Recycle batteries and office equipment (contact City’s Solid Waste Management
Division for information about vendors).
2. Cafeterias and commercial kitchens may participate in the City’s organics recycling
program, with approval of refuse supervisor. The City will provide containers and
training.
3. Licensee shall recycle construction waste from any licensee improvements.
4. The City shall provide the following services at standard rates:
a. Curbside collection service (cart) or on site for bins.
b. Containers for desk side, copy room and storage.
c. Assistance designing your recycling program.
d. Training and instructive posters.
5. Standard Rates:
a. There is no charge for recycling services for bottles/cans, papers and cardboard.
b. Organics collection is charged at 80% of equivalent refuse service.
B. Recycling happens in four phases:
1. Convenient separation where it’s first generated:
a. Container next to each desk to hold office paper and trash.
b. Container by each copy machine. This container should be at least 13 gallons
and can double as the central container for the office.
c. Container for bottles/cans in the break room.
2. Move small amounts to a central collection container:
a. Employees usually empty their desk side containers into a larger central
container. Often this doubles as the copy-room container.
b. Employees put their bottles/cans into a container in the break room.
17
3. Licensee is responsible to transfer the paper to the licensee’s storage location, and setting
storage containers by the curbside by 7:00 a.m. on collection day and bringing them back
to the storage area as soon as possible after they are emptied.
4. The City will pick up recycling materials on the regular collection day.
18
Attachment 3
Office of the City Manager
MEMORANDUM
January 11, 2001
TO: All Staff
FROM: Weldon Rucker, Acting City Manager
RE: MUNICIPAL ELECTRIC LOAD CURTAILMENT
As you are aware, California’s electric system is in a fragile condition. In order to prevent rolling
blackouts, the City shall curtail municipal electric loads as described below. Since this problem is likely to
persist, these procedures shall remain in effect until further notice.
The California Independent System Operator (ISO) issues alerts when power supply margins are too low.
A Stage II emergency seeks voluntary load curtailment. A Stage III Emergency orders utilities to institute
rolling black outs.
At all times, regardless of the ISO Emergency status, the procedures below shall be followed.
1) Site Safety Coordinators shall:
a) ensure that non-essential equipment including copiers, printers, computers, lights, space heaters,
air conditioners, fans and air compressors are turned off at the end of the day;
b) ensure that Energy Saver features are enabled on all office equipment (copiers, printers, PCs,
faxes);
c) minimize use of incandescent lighting (call the Energy Office to replace incandescent desk lamps
with fluorescents); and,
d) be familiar with Stage II procedures.
2) No new incandescent (including halogen and quartz) floor or desk lamps may be purchased.
3) Information Systems shall set Energy Star features on all new installs and service calls.
4) Public Works Facilities Management shall review and correct settings on all setback thermostats
(Operating hours: heat = 68 degrees; cooling = 74 degrees. Non-operating hours: heat = 55 degrees;
cooling 90 = degrees).
5) Parks and Waterfront and Health and Human Services shall prepare a plan to notify ball field users of
closures.
During Stage II Emergencies, the procedures below shall be followed:
1) Public Works and the Communications Center shall notify each other and Information Systems of the
Stage II notice.
2) Information Systems shall send an email to Everyone (that includes excerpts from this document).
3) Site Safety Coordinators shall:
a) Disconnect electric vehicles from chargers;
b) Ensure all procedures above are implemented;
c) Turn off all non-essential air compressors;
d) Turn off all space heaters, window box air conditioners and fans;
e) Turn off all unused office equipment;
f) Turn off all unnecessary overhead lighting; use fluorescent task lighting and daylight; and,
19
g) Reset thermostats to 78 degrees for cooling and to turn off ventilation equipment when
heating/cooling element is not on.
4) Health and Human Services and Parks and Waterfront shall notify ball field users of the emergency
and shall turn off ball field lighting.
5) Parks and Waterfront shall turn off ball court lighting.
For more information, please contact Neal De Snoo of the Energy Office at 981-5434.
20
Attachment 7
RESOLUTION NO. –N.S.
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT
AND ANY AMENDMENTS WITH OPTIONS RECOVERY SERVICES LOCATED
AT 1931 CENTER STREET FOR OPERATION OF SUBSTANCE ABUSE
RECOVERY
WHEREAS, Options Recovery Services provides comprehensive case management of
hard-core addicts and alcoholics through substance abuse treatment, into employment,
housing and long-term follow-up in collaboration with the community and the criminal
justice system; and
WHEREAS, Options Recovery Services provides valuable and needed services to the
community; and
WHEREAS, Options Recovery Services requires a location to continue to provide its
services to the public.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the
City manager is authorized to execute a license agreement and any amendments with
Options Recovery Services in a form that is substantially similar to that attached to this
resolution.
Attachment 7 – Exhibit A
LICENSE AGREEMENT
This AGREEMENT is entered into on _____________ by and between the CITY OF
BERKELEY, a Charter City organized and existing under the laws of the State of
California (“City”) and OPTIONS RECOVERY SERVICES, INC. (“Licensee”), a
_________________, who agree as follows.
1. LICENSE
a. Subject to all the terms and conditions herein, City hereby grants Licensee use of that portion of
the City’s property at 1931 Center Street in Berkeley, County of Alameda, State of California (“the
Property”) shown on Exhibit A, attached hereto and made a part hereof. This License is not a lease;
Licensee does not by this License obtain an exclusive right, against the City or the public, to any part of the
Property.
b. This License is granted for the purpose of ___________________________________.
2. TERM
This License shall take effect once executed by Licensee and approved by the Berkeley City Council (the
“effective date”). It shall remain in effect on a month-to-month basis, starting with the effective date,
subject to the following:
Either party may terminate this License for any reason within thirty (30) days prior written notice
to the other party. Either party may terminate this License for default upon fifteen (15) days’ written notice
to the other if the other party has substantially failed to fulfill any of its obligations under this License in a
timely manner.
3. LICENSE FEE
a. In consideration for the rights conveyed by this License, Licensee shall pay the City $________
per year, which shall be due and payable on upon execution of this agreement, as specified in Exhibit B.
4. NOTICES
A written notice shall be deemed served upon mailing said notice to the other party and depositing the same
with the U.S. Post Office, first class mail, with postage paid.
For purposes of this License, all notices to the City shall be addressed to:
Hallie Llamas, Real Property Manager
Public Works Department
1947 Center Street, 4th Flr.
Berkeley, CA 94704
For purposes of this License, all notices to Licensee shall be addressed to:
____________________________
____________________________
____________________________
5. GENERAL - OCCUPANCY RULES AND REGULATIONS
1
a. City may waive any one or more of the occupancy rules or regulations contained in this agreement
for the benefit of any particular licensee or licensees, but no waiver by City will be construed as a waiver of
those rules and regulations in favor of any other licensee, nor prevent City from enforcing any of those
rules and regulations against any or all of the licensees of 1931 Center Street. Any waiver of rules and
regulations by City shall be in writing.
b. City reserves the right at any time to change or rescind any one or more of the rules and
regulations or to make any additional reasonable rules and regulations that, in City’s judgment, may be
necessary for:
i) management, safety, care, and cleanliness of the premises, building and real property;
ii) preservation of good order; and
iii) convenience of other occupants and licensees in the premises, building and real property.
6. HEALTH, SAFETY AND ACCESSIBILITY (applicable to licensees described below)
Berkeley Opportunities for Self-Sufficiency (BOSS)/Multi-Agency Service Center (MASC),
Berkeley Food Housing Project (BFHP) and Dorothy Day Housing (DDH) shall make all reasonable efforts
to comply with the Alameda County-wide Homeless Continuum of Care Health, Safety and Accessibility
Standards for Shelter Facilities in Alameda County.
7. MAINTENANCE AND ALTERATIONS
a. Licensee shall maintain the Property used pursuant to this License in good order and repair and
reasonably free and clean of all debris, trash and rubble. Upon termination of this License, Licensee shall,
at its own cost, remove any equipment or materials installed by Licensee and shall surrender the Property to
City in the same condition as at the commencement of this License with the exception of reasonable wear
and tear. Licensee shall reimburse the City for any expenses incurred by the City for any damage to the
Property resulting from this License.
b. Licensee shall not construct or place any facilities on the Property, or install any equipment on the
Property, or make any alterations or improvements to the Property, without the City’s prior written consent.
c. Licensee shall be responsible for any and all janitorial services required on the premises. The City
shall provide janitorial services for the common areas.
d. Licensee shall be responsible for the payment of all utilities, including water, gas, electricity,
trash collection/maintenance and other services delivered to the premises. In the case of electricity, gas,
water and sewer utilities and building maintenance, these services will be provided by the City and
Licensee shall pay the City a fee as provided in Section 3 above. Licensee shall be directly responsible for
paying fees for other services.
e. No sign, placard, picture, name, advertisement, or notice visible from the exterior of the
premises will be inscribed, painted, affixed, or otherwise displayed by licensee on any part of 1931 Center
Street without the prior written consent of the City. Material visible outside the building will not be
permitted.
f. Licensee shall assume all responsibility for protecting the premises from theft, robbery,
pilferage, vandalism, damage, or waste, including keeping doors locked and other means of entry to the
premises closed and turning off all water faucets, water apparatus, and utilities.
g. Licensee shall conduct business in a manner that will not cause damage to the building or property
including but not limited to (i.e., not overloading the circuits, inappropriate use of extension cords,
exceeding maximum weight on stage and any other floor area, etc.)
2
8. SECURITY
a. Pursuant to BMC Section 13.36.065, Licensee shall comply with security rules for City buildings.
The City Manager’s building security rules are designed to maintain the safety of City employees and
patrons, facilitate the City’s ability to do government business and provide services, and prevent damage to
City facilities. (See Attachment 1.)
b. Access keys to licensee’s space shall be provided by Public Works Maintenance only and
no keys shall be duplicated without consent of the City of Berkeley Public Works Maintenance Division.
Licensee may not change any locks. The City will have access to all space in the building in the event of
an emergency.
c. Courtyard: BOSS/MASC, Options Recovery Services and BFHP will share responsibility for
responding appropriately when unsafe behavior by clients on the premises threatens the safety of the
building or the general public. BFHP staff will perform this role in the courtyard from 5 p.m. to 7 a.m.
nightly. BFHP staff will ensure courtyard gate is locked nightly at 7 p.m. BOSS/MASC staff will patrol the
courtyard jointly with Options Recovery Services from 8 a.m. to 4 p.m. Staff shall patrol the courtyard
jointly on a regular basis and keep a log of activity. Options Recovery Services will patrol the courtyard
from 4 p.m. to 5 p.m. daily.
Courtyard Schedule:
7 p.m. – Lock Gate – Berkeley Food and Housing Project
5 p.m. to 7 a.m. – Berkeley Food and Housing Project
8 a.m. to 4 p.m. – Joint Patrol MASC/Options
4 p.m. to 5 p.m. – Options Recovery Services
d. Holiday Coverage: When MASC is closed for holidays and when Options Recovery Services is
open, Options staff will be responsible for the courtyard, front steps, and parking lot security.
e. Front Steps: BOSS/MASC and Options staff will ensure security of the front steps jointly daily
and keep an activity log. BFHP staff will be responsible for front steps at night from inside the building.
9. JANITORIAL TO BE PROVIDED BY LICENSEES
a. Bathrooms:
i. BOSS/MASC will stock basement bathrooms in the morning, and clean them at closing
time each day.
ii. BFHP will stock basement bathrooms in the evening and clean in the mornings.
iii. BOSS/MASC/BFHP will organize and jointly pay for a deep cleaning service of the men’s
bathroom on a regular basis at least twelve times per year.
iv. Options will clean the front hallway and first floor restrooms for both men and women on a
daily basis.
b. Courtyard:
i. BOSS/MASC will clean courtyard in the late afternoon daily.
ii. BFHP will clean courtyard in the morning daily. .
c. Other:
BFHP and BOSS/MASC will share the cost and organize jointly waxing all floors and
cleaning all carpeting on an annual basis.
10. USE OF KITCHEN FACILITY
a. Use of the kitchen will be shared between BOSS/MASC, BFHP, and Dorothy Day House
(DDH) and all three agencies will have keys to the kitchen. Hours of use are as follows: Dorothy Day
House: Monday through Sunday: 5 a.m. to 11 a.m. and 5:30 p.m. to 8:00 p.m. Any DDH volunteers must
3
be under supervision by a team leader.
b. A list of authorized personnel from DDH will be submitted to BOSS/MASC and BFHP. DDH
team leaders will have access to the kitchen from 11 a.m. until 5:30 p.m. in order to clean and receive
deliveries; all DDH personnel will check in with BOSS/MASC and BFHP staff prior to using the kitchen
during this period.
i. BOSS/MASC: Staff shall use kitchen as needed under the supervision of the Program
Manager.
ii. BFHP: Staff shall use kitchen as needed under the supervision of the Program Manager.
11. NO SMOKING
a. Pursuant to Berkeley Municipal Code (BMC) Ch. 12.70, no smoking is allowed in public places.
This includes, but is not limited to within 20 feet of any entrance, exit or air intake vent to 1931 Center
Street, except while passing on the way to another destination.
b. No smoking is allowed in the parking lot or courtyard at 1931 Center Street.
12. ENVIRONMENTAL
a. Licensee shall follow all environmental rules and regulations as they apply to City agencies.
Specifically, licensee shall minimize waste and recycle and compost, as per Recycling and Composting
Guidelines for City Buildings. Guidelines for creating a recycling program are attached as Attachment 2.
Licensee must participate in a recycling service provided by the City or provide an acceptable alternative
with the approval of the City’s Recycling Supervisor. To that end, Licensee shall:
Assign someone to be in charge of its recycling program, and to communicate needs and
questions to the City’s Solid Waste Management Division.
i. Recycle corrugated cardboard, office papers and beverage containers (glass
bottles, plastic bottles and cans).
ii. Place collection containers for paper at desk sides and copy rooms, and break
rooms. (See Attachment 2 for details.)
iii. Provide a location for custodians to pick up flattened empty cardboard boxes. A
central paper container is acceptable.
iv. Educate employees and new employees about recycling procedures.
v. Cooperate with the custodial service to make recyclables available for
collection.
vi. Recycle batteries and office equipment (contact the City’s Solid Waste
Management Division for information about vendors).
vii. Cafeterias and commercial kitchens may participate in the City’s organics
recycling program, with the approval of the City’s Solid Waste Supervisor. City
provides containers and training.
viii. Licensee shall recycle construction waste from tenant improvements.
ix. Licensee shall conserve energy as specified in the City Manager’s January 11,
2001 memorandum as shown in Attachment 3.
13. ACCESS TO PROPERTY; TAXES, ASSESSMENTS, AND OTHER CHARGES
a. City, including its agents and employees, reserves the right to enter the Property and make any
improvements thereon at reasonable times, provided such entry does not cause unreasonable interference
with Licensee’s activities.
b. Licensee shall pay all personal property taxes levied on account of personal property owned by
Licensee on the Property, and pay any in-lieu, possessory interest, or use taxes imposed by reason of
4
Licensee’s use or occupancy of the Property.
14. ASSIGNMENT AND SUBLICENSING PROHIBITED
This License is personal to Licensee. Notwithstanding references to assignees and/or sublicensees
elsewhere in this License, if any, Licensee may not assign or sublicense this License in whole or in part
without the prior written consent of the City, and any attempt to assign or sublicense this License shall
terminate it.
15. INDEMNIFICATION
a. Licensee shall indemnify, defend and hold City, its officers, agents, volunteers and employees
harmless from: 1) all claims of liability for any damage to property or injury or death to any person
occurring in, on, or about the Property; 2) all claims of liability arising out of or in any way connected with
Licensee’s operations under this License, or any act or omission by Licensee, its officers, partners,
directors, employees, agents, contractors, subcontractors or invitees; and 3) all damages, liability, fines,
penalties, and any other consequences arising from any noncompliance or violation of any laws,
ordinances, codes, or regulations, including but not limited to the Occupational Safety and Health Act of
1979 and the Americans with Disabilities Act of 1990. Except, however, that City shall hold Licensee
harmless from all claims of liability for damage resulting from the negligent or wrongful acts or omissions
of City or its authorized representatives.
b. Neither Licensee nor its assignees, heirs, guardians, and legal representatives shall make a claim
against or sue City or its employees, agents or contractors for injury or damage resulting from the
negligence, whether active or passive, or other acts, however caused, by any employee, agent, or contractor
of the City as a result of Licensee’s presence on the Property. Licensee hereby acknowledges that the
Property specifically and 1931 Center Street generally requires certain structural or code upgrades and
accepts the condition of the premises “as is.”
c. LICENSEE ACKNOWLEDGES THAT 1931 CENTER STREET HAS BEEN DEEMED TO
BE UNSAFE AND SUBJECT TO SEVERE DAMAGE DURING ANY MAJOR EARTHQUAKE.
LICENSEE OCCUPIES THE BUILDING AT ITS OWN RISK. LICENSEE HEREBY RELEASES
AND DISCHARGES THE CITY OF BERKELEY AND ITS EMPLOYEES, AGENTS,
CONTRACTORS FROM ALL ACTIONS, CLAIMS OR DEMANDS THAT LICENSEE, ITS HEIRS,
GUARDIANS, AND LEGAL RPERESENTATIVES NOW HAVE OR MAY HAVE IN THE
FUTURE FOR INJURY OR DAMAGE RESULTING FROM AN EARTHQUAKE.
16. INSURANCE
a. Licensee at its cost shall maintain commercial general liability and property damage insurance
with a single combined liability limit of $2,000,000.00 per occurrence insuring against all liability of
Licensee and its authorized representatives arising out of and in connection with Licensee’s use or
occupancy of the Property. All such insurance shall insure performance by Licensee of the preceding
indemnity provisions. All insurance shall name the City, its officers, agents, volunteers and employees
as additional insureds and shall provide primary coverage with respect to the City.
b. If the insurance referred to above is written on a Claims Made Form, then following
termination of this License, coverage shall survive for a period of not less than five years. Coverage
shall also provide for a retroactive date of placement coinciding with the effective date of this License.
c. Licensee at its cost shall maintain on all its personal property, Licensee’s improvements, and
alterations, in, on, or about the Property, a policy of standard fire and extended coverage insurance, with
vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the
proceeds from any such policy shall be used by Licensee for the replacement of personal property or the
restoration of Licensee’s improvements or alterations.
5
d. If Licensee employs any person, it shall carry workers’ compensation and employer’s liability
insurance and shall provide a certificate of insurance to the City. The workers’ compensation insurance
shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and
conditions of said insurance except upon thirty (30) days prior written notice to the City; provide for a
waiver of any right of subrogation against City to the extent permitted by law; and be approved as to
form and sufficiency by the City’s Risk Manager.
e. Licensee shall forward all insurance documents to Hallie Llamas, Real
Property Manager, 1947 Center Street, 4th Flr., Berkeley, California, 94704.
17. CONFORMITY WITH LAW
a. Licensee shall observe and comply with all applicable laws. Licensee shall release, defend,
indemnify and hold harmless City, its officers, agents, volunteers and employees from any and all
damages, liability, fines, penalties and consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
b. If a death, serious personal injury or substantial property damage occurs in connection with
the performance of this License, Licensee shall immediately notify the City’s Risk Manager by
telephone. If any accident occurs in connection with this License, Licensee shall promptly submit a
written report to City, in such form as the City may require. This report shall include the following
information: 1) name and address of the injured or deceased person(s); 2) name and address of
Licensee’s sub licensee, if any; 3) name and address of Licensee’s liability insurance carrier; and 4) a
detailed description of the accident, including whether any of City’s equipment, tools or materials were
involved.
c. If a release of hazardous materials or hazardous waste occurs in connection with the
performance of this License, Licensee shall immediately notify the Berkeley Police Department and the
City’s Emergency and Toxics Management office.
d. Licensee shall not store hazardous materials or hazardous waste within the City of Berkeley
without a proper permit from the City.
18. INDEPENDENT CAPACITY
For purposes of this License, and for the duration of this License, Licensee, including its agents and
employees, shall be, and is, an independent contractor and not an agent or employee of the City.
Licensee has and shall retain the right to exercise full control and supervision of the services, and full
control over the employment, direction, compensation and discharge of all persons assisting Licensee in
the performance of this License. Licensee shall be solely responsible for all matters relating to the
payment of its employees, including compliance with Social Security, withholding, and all other
regulations governing such matters, and shall be solely responsible for its own acts and those of its
agents and employees.
19. CITY NON-DISCRIMINATION ORDINANCE
Licensee hereby agrees to comply with the provisions of Berkeley Municipal Code (“BMC”) Chapter
13.26 as amended from time to time. In the performance of this License, Licensee agrees as follows:
a. Licensee shall not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability,
sexual orientation or AIDS.
6
b. Licensee shall permit the City access to records of employment, employment advertisements,
application forms, EEO-1 forms, affirmative action plans and any other documents which, in the
opinion of the City, are necessary to monitor compliance with this non-discrimination provision. In
addition, Licensee shall fill out, in a timely fashion, forms supplied by the City to monitor this non-
discrimination provision.
20. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
a. If Licensee provides any aid, service or benefit to others on the City’s behalf, Licensee shall,
in the provision of such aid, service or benefit, observe and comply with all applicable provisions of
Title II of the Americans with Disabilities Act of 1990 and any amendments thereto. Licensee shall
further observe and comply with all applicable federal, state, municipal and local laws, ordinances,
codes and regulations prohibiting discrimination against individuals with disabilities and shall ensure
that individuals with disabilities are not excluded from participating in or receiving benefits, services or
activities of the City.
b. If Licensee is or becomes a "public accommodation" as defined in Title III of the Americans
with Disabilities Act of 1990, Licensee shall observe and comply with all applicable provisions of the
Act and any amendments thereto, and all applicable federal, state, municipal and local laws, ordinances,
codes and regulations prohibiting discrimination on the basis of disability in the full and equal
enjoyment of goods, services, facilities, privileges, advantages, or accommodations offered by the
Licensee. All of Licensee’s activities must be in accordance with these laws, ordinances, codes, and
regulations, and Licensee shall be solely responsible for complying therewith.
21. OPPRESSIVE STATES
a. In accordance with Resolution No. 59,853-N.S., Licensee certifies that it has no contractual
relations with, and agrees during the term of this License to forego contractual relations to provide
personal services to or to purchase, sell, lease or distribute commodities in the conduct of business with,
the following entities:
i) The governing regime in any Oppressive State.
ii) Any business or corporation organized under the authority of the governing
regime of any Oppressive State.
iii) Any individual, firm, partnership, corporation, association, or any other
commercial organization, and including parent-entities and wholly-owned
subsidiaries (to the extent that their operations are related to the purpose of its
contract with the City), for the express purpose of assisting in business
operations or trading with any public or private entity located in any Oppressive
State.
b. For purposes of this License, the Tibet Autonomous Region and the provinces of Ado, Kham,
and U-Tsang shall be deemed oppressive states.
c. Licensee’s failure to comply with this section shall constitute a default of this License and
City may terminate this License pursuant to Section 2. In the event that the City terminates this License
due to a default under this provision, City may deem Licensee a non-responsible bidder for five (5)
years from the date of termination.
22. LIVING WAGE ORDINANCE
a. Licensee agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living
Wage Ordinance. If Licensee employs six (6) or more part-time, full-time or stipend employees, and
generates $350,000 or more in annual gross receipts, Licensee will be required to provide all eligible
employees with City mandated minimum compensation during the term of this License, as defined in
B.M.C. Chapter 13.27, and well as comply with the terms enumerated herein.
7
b. Licensee shall be required to maintain all reasonable records and documents that would
establish whether Licensee is subject to Berkeley’s Living Wage Ordinance (LWO). If Licensee is
subject to the LWO, as defined therein, Licensee shall be further required to maintain monthly records
of those employees located on the Property. These records shall include the total number of hours
worked, the number of hours spent providing service on the Property, the hourly rate paid, and the
amount paid by Licensee for health benefits, if any, for each of its employees providing services under
the License. The records described in this Section shall be made available upon the City’s request. The
failure to produce these records upon demand shall be considered grounds for termination of this
License in accordance with section 2 of this License.
c. If Licensee is subject to the LWO, Licensee shall include the requirements of the ordinance,
as defined in B.M.C. Chapter 13.27, in any and all sublicense agreements in which Licensee enters with
regard to the Property. Sub licensees shall be required to comply with this ordinance with regard to any
employees who spend 25% or more of their compensated time on the Property.
d. If Licensee fails to comply with the requirements of the LWO and this License, the City shall
have the rights and remedies described in this Section, in addition to any rights and remedies provided
by law or equity.
Licensee’s failure to comply with this Section shall be considered grounds for termination of this
License in accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount
of $50 per employee per day for each and every instance of an underpayment to an employee. It is
mutually understood and agreed that Licensee’s failure to pay any of its eligible employees at least the
applicable living wage rate will result in damages being sustained by the City; that the nature and
amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set
forth herein is the nearest and most exact measure of damage for such breach that can be fixed at this
time; and that the liquidated damage amount is not intended as a penalty of forfeiture for Licensee’s
breach.
23. BERKELEY EQUAL BENEFITS ORDINANCE
a. Licensee hereby agrees to comply with the provisions of the Berkeley Equal Benefits
Ordinance, B.M.C. Chapter 13.29. If Licensee generates $350,000 or more in annual gross receipts,
Licensee will be required to provide all eligible employees with City mandated equal benefits during the
term of this License, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated
herein.
b. If Licensee is currently or becomes subject to the Berkeley Equal Benefits Ordinance,
Licensee agrees to supply the City with any records the City deems necessary to determine compliance
with this provision. Failure to do so shall be considered grounds for termination of this License in
accordance with section 2 of this License.
c. If Licensee fails to comply with the requirements of this Section, City shall have the rights
and remedies described in this Section, in addition to any rights and remedies provided by law or equity.
Licensee’s failure to comply with this Section shall constitute grounds for termination of this License in
accordance with section 2 of this License.
In addition, at City’s sole discretion, Licensee may be responsible for liquidated damages in the amount
of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually
understood and agreed that Licensee’s failure to provide its employees with equal benefits will result in
damages being sustained by City; that the nature and amount of these damages will be extremely
difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact
8
measure of damages for such breach that can be fixed at this time; and that the liquidated damage
amount is not intended as a penalty or forfeiture for Licensee’s breach.
24. CONFLICT OF INTEREST PROHIBITED
a. In accordance with Government Code section 1090, Berkeley City Charter section 36, and the
B.M.C. Chapter 3.64, neither Licensee nor any employee, officer, director, partner or member of
Licensee, or immediate family member of any of the preceding, shall have served as an elected officer,
an employee, or a City board, committee or commission member, who has directly or indirectly
influenced the making of this License.
b. In accordance with Government Code section 1090 and the Political Reform Act, Government
Code section 87100 et seq., no person who is a director, officer, partner, trustee, employee or consultant
of the Licensee, or immediate family member of any of the preceding, shall make or participate in a
decision made by the City or a City board, commission or committee, if it is reasonably foreseeable that
the decision will have a material effect on any source of income, investment or interest in real property
of that person or Licensee.
c. Interpretation of this section shall be governed by the definitions and provisions used in the
Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals
and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64.
25. NUCLEAR FREE BERKELEY
Licensee agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act.
26. RECYCLED PAPER FOR WRITTEN REPORTS
If Licensee is required by this License to prepare a written report or study, Licensee shall use recycled
paper for said report or study when such paper is available at a cost of not more than ten percent (10%)
more than the cost of virgin paper, and when such paper is available at the time it is needed. For the
purposes of this License, recycled paper is paper that contains at least fifty percent (50%) recycled
product. If recycled paper is not available, Licensee shall use white paper. Written reports or studies
prepared under this License shall be printed on both sides of the page whenever practical.
27. PESTICIDES; EFFECT ON SUCCESSORS AND ASSIGNS; RISK OF LOSS
a. All use of pesticides on the premises shall be in compliance with the City of Berkeley’s Pesticide
Use Policy as it exists at the time of such use.
b. This License shall be binding on and inure to the benefit of the heirs, executors, administrators,
successors, and assigns of the parties hereto.
c. Licensee bears all risk of loss under this License.
28. AUDIT
The City Auditor’s Office, or its designee, may conduct at any time an audit of Licensee’s financial and
compliance records maintained in connection with the operations and services performed under this
License, and with the payments made under this License. In the event of such audit, Licensee agrees to
make all such financial and compliance records available to the Auditor’s Office, or its designee. City
agrees to provide Licensee an opportunity to discuss and respond to any findings before a final audit
report is filed.
29. SETOFF AGAINST DEBTS
9
Licensee agrees that City may deduct from any payments due to Licensee under this License any
amounts due to the City, and any monies that Licensee owes City under any ordinance, agreement or
resolution for any unpaid taxes, fees, licenses, unpaid checks or other amounts.
30. GOVERNING LAW; AMENDMENTS
a. The laws of the State of California shall govern this License.
b. The term of this License shall not be altered or otherwise modified except by a written amendment
to this License executed by City and Licensee.
31. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER
Licensee has obtained a City business license as required by B.M.C. Chapter 9.04, and its license
number is written below; or, Licensee is exempt from the provisions of B.M.C. Chapter 9.04 and has
written below the specific B.M.C. section under which it is exempt. Licensee shall pay all state and
federal income taxes and any other taxes due. Licensee certifies under penalty of perjury that the
taxpayer identification number written below is correct.
32. SEVERABILITY; WAIVER
a. If any part of this License or the application thereof is declared invalid for any reason, such
invalidity shall not affect the other terms of this License which can be given effect without the
invalid provision or application, and to this end the provisions of this License are declared to be
severable.
b. Failure of City to insist on strict performance shall not constitute a waiver of any of the provisions
of this License or a waiver of any other default of Licensee.
33. ENTIRE AGREEMENT
a. The terms and conditions of this License, all exhibits attached and any documents expressly
incorporated by reference represent the entire agreement between the parties with respect to the subject
matter of this License. This License shall supersede any and all prior agreements, oral or written,
regarding the subject matter between City and Licensee. No other agreement, statement, or promise
relating to the subject matter of this License shall be valid or binding except by a written amendment to
this License.
b. If any conflicts arise between the terms and conditions of this License and the terms and
conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of
this License shall control.
IN WITNESS WHEREOF, City and Licensee have executed this License as of the date
written on the first paragraph of this License.
CITY OF BERKELEY
By ___________________________
CITY MANAGER
Registered by: Approved as to form:
____________________________
CITY AUDITOR CITY ATTORNEY
Attest:
10
________________________
CITY CLERK
By: ______________________________
Its: ______________________________
Tax Identification No. .
Berkeley Business License No. ______________
Incorporated: Yes No
Certified Woman Business Enterprise: Yes No
Certified Minority Business Enterprise: Yes No
If yes, state ethnicity: ______________________
Certified Disadvantaged Business Enterprise: Yes No
11
EXHIBIT A
Premises are described as the area encompassing the first floor of the main auditorium,
full stage and adjacent rooms, and shared use of the first floor conference room of 1931
Center Street, as shown in the diagram below.
12
EXHIBIT B
PAYMENT
1) Payments shall be due and payable upon execution of the agreement and the check made payable
to the “City of Berkeley.” Payments shall be paid at Finance Department Customer Service
Center at 1947 Center Street, 1st Floor, Berkeley, CA 94704
2) Failure to make full payments on time is grounds for termination of this License by the City.
3) The license fee shall be $100.00 per year.
13
Attachment 1
SECURITY RULES FOR CITY BUILDINGS
Interior Rules/Signage
1. No member of the public may enter an interior area of a City building once a City employee
advises that the area is closed to the public.
2. No member of the public may enter an interior area of a City building that is signed in any manner
that suggests that the public should not enter, unless given permission to enter by a City employee.
Such signs include, but are not limited to: “Reception Area – Please Check In,” “Private,” and
“Employees Only”
3. A member of the public may remain in the lobby, hallways, waiting areas, or similar public areas
inside a City building only as long as necessary to conduct City-related business or contact an
employee. Members of the public may not wait in a City building for a City employee
indefinitely, and may be asked to return at another time when the employee is expected to be in
the office. When signage is not practical: use verbal warnings.
4. Bathrooms in City buildings shall not be used for bathing or washing clothes, unless the bathroom
is equipped for such uses and the person is authorized to use the bathroom for such purposes.
Acceptable Signage, But Only If The Problem Is Recurring: “No Bathing Allowed” or “No
Bathing Or Washing Laundry Allowed”
5. In City buildings, no member of the public may:
a. Yell, threaten, or use profanity or rude, insulting language against City staff, e.g., calling the
City staff member a “bastard” or an “idiot” in an attempt to intimidate the staff member into
doing something that the staff member cannot do;
b. Disturb or annoy anyone with loud or unreasonable noise;
c. Insist that City staff provide a service, explanation or document that City staff has made clear
cannot be provided at that time;
d. Insist on meeting with a City staff member or supervisor after being told that the person is
either not available or will not meet with the person;
e. Conduct oneself in a manner that obstructs or intimidates City staff or patrons;
f. Block City entrances, ramps, or exits;
g. Enter a City building with animals other than service animals authorized by law;
h. Ride bikes, skates, scooters, Segways, skateboards, and other devices designed to enhance
mobility but not intended for indoor use;
i. Smoke, eat, or drink, except where expressly permitted;
j. Lie on the floor or sleep; or
k. Exude extremely offensive odors
Exterior Rules/Signage
1. No member of the public may remain on the exterior steps or exterior grounds1 of City buildings,
unless the person is there to conduct City-related business or contact an employee.
1 “Exterior grounds” means the area between the outer building façade and the property line. Exterior
grounds can include an off-street parking lot. However, a public sidewalk is not part of the exterior
grounds. (BMC § 13.36.065(B).) Also, if the City only leases a portion of a building, this rule still applies
to the entire “exterior grounds.” (BMC § 13.36.065(B).)
14
Acceptable Signage: “No Sitting On Steps – BMC 13.36.065” and/or “Building Steps And Grounds For
City Business Only – BMC 13.36.065.”2 (See following text of BMC 13.36)
2 Due to technical legal problems, do not use the words “no loitering” in any sign. Rather, use the
recommended language.
15
Chapter 13.36 DISORDERLY CONDUCT*
Section 13.36.065 Violating building security rules for City buildings.
A. Purpose. The purpose of this section is to enable the City Manager to establish building security
rules for buildings that the City of Berkeley owns or leases for City government business or
services. The City Manager’s building security rules will be designed to maintain the safety of City
employees and patrons, facilitate the City’s ability to do government business and provide services,
and prevent damage to City facilities. The City Manager’s building security rules may apply to all
City buildings, as defined in this section, or only to specific City buildings, depending on the
security needs at each site.
B. Definitions. “City building” as used in this section means any building that the City of Berkeley
owns or leases for the purpose of conducting City government business or providing City services.
If only a part of the interior of a building is leased by the City for City government business or
services, then “City building” shall apply to only that part of the interior of the building. In
addition, if only a part of the interior of a building is leased by the City for City government
business or services, then “City building” shall also include the entire exterior curtilage of the
building, unless the building owner or occupant authorizes the conduct prohibited by this section on
the exterior curtilage.
“Curtilage” as used in this section means the exterior grounds of a building. “Curtilage” shall
include the steps and grounds that lie between the outer facade of the building and either (1) the
public sidewalk, (2) a formally dedicated public park, or (3) the adjacent private property. Curtilage
does not include the public sidewalk or a formally dedicated public park, but rather, ends there.
C. Prohibited Conduct. No person shall violate the City Manager’s building security rules governing
any City building. The City Manager’s building security rules shall promote safety for City
employees and patrons, facilitate the City’s ability to provide services, and/or help prevent damage
to City facilities. The City Manager’s building security rules shall include, but need not be limited
to, prohibiting persons from:
(1) Entering designated areas that are not open to the general public inside of City
buildings without permission from a City employee or agent, and
(2) Remaining inside of or on the curtilage of a City building without a purpose related to
conducting business, accessing services, or contacting an occupant on the premises.
D. Citation. No person shall be arrested or cited under this section unless the person engages in
conduct prohibited by this section after having been notified by a City official that he or she is in
violation of the prohibition in this section.
E. Penalty. Notwithstanding the provisions of Section 13.36.100, violation of this section shall be
either an infraction or a misdemeanor, in the discretion of the prosecutor, and upon conviction shall
be punishable as set forth in Chapter 1.20 of this code. (Ord. 6486-NS § 1, 1999)
16
Attachment 2
SETTING UP A RECYCLING PROGRAM
A. Recycling and Composting Guidelines
1. All occupants in City-owned facilities must participate in recycling services provided by
the City or provide an acceptable alternative for approval of City’s Recycling Supervisor.
a. Assign someone to be in charge of your recycling program, and communicate
needs and questions to the City’s Solid Waste Management Division.
b. Recycle corrugated cardboard, office papers and beverage containers (glass
bottles, plastic bottles and cans).
c. Place collection containers at convenient locations for licensee and employees
including at desk sides and copy rooms, and containers for bottles/cans. See
Section B below.
d.
e. Educate employees about recycling procedures.
f. Cooperate fully to make recyclables available for collection.
g. Recycle batteries and office equipment (contact City’s Solid Waste Management
Division for information about vendors).
2. Cafeterias and commercial kitchens may participate in the City’s organics recycling
program, with approval of refuse supervisor. The City will provide containers and
training.
3. Licensee shall recycle construction waste from any licensee improvements.
4. The City shall provide the following services at standard rates:
a. Curbside collection service (cart) or on site for bins.
b. Containers for desk side, copy room and storage.
c. Assistance designing your recycling program.
d. Training and instructive posters.
5. Standard Rates:
a. There is no charge for recycling services for bottles/cans, papers and cardboard.
b. Organics collection is charged at 80% of equivalent refuse service.
B. Recycling happens in four phases:
1. Convenient separation where it’s first generated:
a. Container next to each desk to hold office paper and trash.
b. Container by each copy machine. This container should be at least 13 gallons
and can double as the central container for the office.
c. Container for bottles/cans in the break room.
2. Move small amounts to a central collection container:
a. Employees usually empty their desk side containers into a larger central
container. Often this doubles as the copy-room container.
b. Employees put their bottles/cans into a container in the break room.
17
3. Licensee is responsible to transfer the paper to the licensee’s storage location, and setting
storage containers by the curbside by 7:00 a.m. on collection day and bringing them back
to the storage area as soon as possible after they are emptied.
4. The City will pick up recycling materials on the regular collection day.
18
Attachment 3
Office of the City Manager
MEMORANDUM
January 11, 2001
TO: All Staff
FROM: Weldon Rucker, Acting City Manager
RE: MUNICIPAL ELECTRIC LOAD CURTAILMENT
As you are aware, California’s electric system is in a fragile condition. In order to prevent rolling
blackouts, the City shall curtail municipal electric loads as described below. Since this problem is likely to
persist, these procedures shall remain in effect until further notice.
The California Independent System Operator (ISO) issues alerts when power supply margins are too low.
A Stage II emergency seeks voluntary load curtailment. A Stage III Emergency orders utilities to institute
rolling black outs.
At all times, regardless of the ISO Emergency status, the procedures below shall be followed.
1) Site Safety Coordinators shall:
a) ensure that non-essential equipment including copiers, printers, computers, lights, space heaters,
air conditioners, fans and air compressors are turned off at the end of the day;
b) ensure that Energy Saver features are enabled on all office equipment (copiers, printers, PCs,
faxes);
c) minimize use of incandescent lighting (call the Energy Office to replace incandescent desk lamps
with fluorescents); and,
d) be familiar with Stage II procedures.
2) No new incandescent (including halogen and quartz) floor or desk lamps may be purchased.
3) Information Systems shall set Energy Star features on all new installs and service calls.
4) Public Works Facilities Management shall review and correct settings on all setback thermostats
(Operating hours: heat = 68 degrees; cooling = 74 degrees. Non-operating hours: heat = 55 degrees;
cooling 90 = degrees).
5) Parks and Waterfront and Health and Human Services shall prepare a plan to notify ball field users of
closures.
During Stage II Emergencies, the procedures below shall be followed:
1) Public Works and the Communications Center shall notify each other and Information Systems of the
Stage II notice.
2) Information Systems shall send an email to Everyone (that includes excerpts from this document).
3) Site Safety Coordinators shall:
a) Disconnect electric vehicles from chargers;
b) Ensure all procedures above are implemented;
c) Turn off all non-essential air compressors;
d) Turn off all space heaters, window box air conditioners and fans;
e) Turn off all unused office equipment;
f) Turn off all unnecessary overhead lighting; use fluorescent task lighting and daylight; and,
19
g) Reset thermostats to 78 degrees for cooling and to turn off ventilation equipment when
heating/cooling element is not on.
4) Health and Human Services and Parks and Waterfront shall notify ball field users of the emergency
and shall turn off ball field lighting.
5) Parks and Waterfront shall turn off ball court lighting.
For more information, please contact Neal De Snoo of the Energy Office at 981-5434.
20
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